Förvaltaransvar

Förvaltaransvar, often translated as fiduciary duty or management responsibility, is a legal concept that imposes a high standard of care on individuals who manage assets or property on behalf of others. This responsibility arises when one party, the fiduciary, entrusts their assets to another, the agent or trustee, who then has a legal obligation to act in the best interests of the principal.

The core of förvaltaransvar lies in the obligation to act with loyalty, prudence, and good faith. This means the fiduciary must avoid conflicts of interest, exercise reasonable care and skill in managing the assets, and always prioritize the beneficiary's welfare above their own. Examples of fiduciaries include trustees of trusts, executors of estates, investment managers, corporate directors, and guardians.

Breach of förvaltaransvar can lead to significant legal consequences. If a fiduciary fails to uphold their duties, they may be held personally liable for any losses incurred by the principal. Remedies can include financial compensation for damages, disgorgement of profits made through the breach, and removal of the fiduciary from their position. The specific scope and application of förvaltaransvar can vary depending on the jurisdiction and the nature of the relationship between the parties.