Tillitsförhållande

Tillitsförhållande, often translated as "trust relationship" or "fiduciary relationship" in English, is a key concept in Swedish law and business. It describes a situation where one party places trust and confidence in another to act in their best interest, especially when the other party has a position of power or expertise. This relationship is characterized by a duty of care, loyalty, and good faith.

Such relationships can arise in various contexts. In employment, the employer-employee relationship often involves a tillitsförhållande, where the employee is expected to act honestly and in the company's interest. Within a company, directors and officers have a tillitsförhållande towards the shareholders. Financial advisors and their clients, lawyers and their clients, and even guardians and wards are examples where a strong tillitsförhållande is legally recognized and expected.

The core of a tillitsförhållande is the vulnerability of the trusting party and the corresponding responsibility of the trusted party. Breach of this trust can have legal consequences, including damages or other remedies. The legal framework surrounding tillitsförhållande aims to protect the party that has placed their trust, ensuring that the other party upholds their obligations with integrity and diligence. This concept is fundamental to maintaining fair dealings and ethical conduct in both personal and professional spheres.