Completed Project on Discharge in Swedish Company Law

Stina Bratt has now completed her postdoctoral project, which was funded by Mannheimer Swartling in memory of the lawyer Sven Unger and organised by SCGI. The result is a book which is a valuable resource for both practitioners and researchers working with company law.

The book examines the regulation of discharge from liability (décharge) in Swedish company law. By tracing the development of discharge regulation in Swedish company law, the study contributes to contextualising the importance of discharge in Swedish company law. The study highlights important differences and similarities in the different Nordic countries and critically analyses the consequences of discharge decisions for directors under current law. Furthermore, the study analyses the regulation of discharge from liability from a general tort law perspective and compares different legal strategies for limiting directors’ liability in Swedish law and in other jurisdictions. In particular, the study looks at the rules governing the protection of minority shareholders, and the final section of the book proposes changes to the current rules.

The study aimed to increase understanding of the origins of discharge, to provide guidance on the importance of discharge for directors’ liability in Swedish law and to make recommendations for future legal developments.

The publication of the book was celebrated on 6 March at a seminar where Stina presented the work and its results, commented by lawyer Patrik Marcelius (Mannheimer Swartling law firm), lawyer and adjunct professor Carl Svernlöv (Baker McKenzie and Stockholm University) and professor Jesper Lau Hansen (University of Copenhagen).

The book is available open access, here.

The book can be purchased here.