Handelsarv

Handelsarv is a term used in some Nordic legal traditions to describe an arrangement in inheritance law whereby a deceased merchant’s business could be inherited and continued by one or more heirs as a going concern. The primary aim of such arrangements was to preserve the value and continuity of family-owned trading enterprises, rather than to dissolve the business along with the rest of the estate.

Historically, handelsarv appeared in Swedish and Danish legal contexts from the 18th to early 20th centuries. The business assets would be valued, and an heir designated to take over management of the enterprise while other estate assets were settled according to standard inheritance rules. Depending on the jurisdiction and the will, the inheriting heir would assume responsibility for the day-to-day operation, while debts and other liabilities were allocated as part of the overall succession. Terms could include conditions such as maintaining the business as a going concern for a period, preserving the trade name, or meeting specific performance obligations.

Relation to modern law is largely one of historical interest. As corporate and inheritance law evolved, explicit handelsarv provisions became less common and modern business succession is typically governed by general inheritance rules, contract law, and corporate governance provisions. The concept is often discussed in historical or comparative legal contexts as an instrument aimed at economic continuity and family control, though it may also impose constraints on heirs’ freedom of disposition.