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Security Interests in International Bankruptcies in Sweden

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image of Nordic Journal of International Law

The purpose of this paper is to briefly describe Swedish conflict rules concerning the treatment in bankruptcy situations of security rights in rem (such as reservations of title, transfers of title for security purposes and mortgages) in respect of chattels and other assets. One problem encountered in this connection is the difficulty to distinguish between issues of insolvency law, governed by lex concursus, and issues of general private law, mostly governed by lex rei sitae. Other types of problems arise if the asset has after the creation of a security interest been moved from one country to another. Finally, the article deals with set-off in bankruptcy, since the creditor who is entitled to set off his claim is in a situation similar to that of a secured creditor.

Affiliations: 1: University of Lund, Sweden


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