Förfoganderättsinskränkningar vid fastighetsöverlåtelse: med fokus på överlåtelseförbud i onerösa avtal
Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
The purpose of this thesis is to investigate if a transfer restriction in a conveyance of real property for consideration is legally binding. In doctrine the legal situation is described as unclear. It will also be investigated if the restriction is binding in relation to the acquirer´s creditors and in relation to a new owner of the property.
A transfer restriction in a conveyance of real property for consideration is legally binding between the parties and in relation to a new owner of the property. Even though the restriction is binding between the parties and in relation to a new owner, it is not binding in relation to the acquirer´s creditors. The Supreme Court has stated that it is a general legal principle that a transfer restriction in a conveyance for consideration is not binding in relation to the acquirer´s creditors.
In this thesis it will also be argued that the legal situation is inconsequent. The reason for the inconsistency is that a restriction which stipulates a pre-emption right in a conveyance of real property for consideration is not legally binding. A pre-emption right and a transfer restriction mean the same thing for the acquirer. Both conditions limit the acquirer´s right to transfer the property.
Place, publisher, year, edition, pages
2011. , 32 p.
Förfoganderättsinskränkning, överlåtelseförbud, fastigheter, fastighetsrätt
Law (excluding Law and Society) Law (excluding Law and Society)
IdentifiersURN: urn:nbn:se:hj:diva-15099OAI: oai:DiVA.org:hj-15099DiVA: diva2:419325
Subject / course
IHH, Commercial Law
UppsokSocial and Behavioural Science, Law