Besittning av och rådighet över medel innestående på konto
Independent thesis Advanced level (degree of Magister)Student thesisAlternative title
Possesion of and surveillance over the credit balance on an account (English)
The possession over bills and coins has, on the whole, been replaced with a credit balance on an account. Almost all payments today are processed by transmitting digital data and not by using cash. The credit balance on an account is a demand that the holder ofthe account have towards his bank.
Law regarding three part relationships: By using Göranson’s theory you can say that the credit balance on an account may be object of possession. The holder of the account has independent and direct possession. By using the principle condictio indebiti, the holder of the account (A) can become owner of means despite that the person who did the deposit (B) did not intend to make the deposit to that specific account (A’s account).
Criminal law: The authors of the doctrine consider that the concept of the Swedish word ”besittning” is intended for physical objects and therefore the credit balance of an account may not be object of possession. According to the Supreme Court and the Court of Appeal may the surveillance over an account be place on level with possession. When the credit balance of an account may be deemed as object of possession, then the means of the account can be object of embezzlement and unlawful disposal.
Place, publisher, year, edition, pages
Ekonomiska institutionen , 2004.
Master Thesis in Business Administration (Magisteruppsats från Ekonomprogrammet), 2004:34
Law, Besittning, rådighet, fordringsrätt, förskingring, possession, account
IdentifiersURN: urn:nbn:se:liu:diva-2553OAI: oai:DiVA.org:liu-2553DiVA: diva2:19888