fällighet

Fällighet is a term used in Swedish law and finance to describe the moment when an obligation becomes due and payable. It marks when the debtor must perform the obligation—such as paying money, delivering goods, or providing a service—and from that moment the creditor may demand performance.

Origins and scope

Fällighet can arise from different sources. It may be established by a contract with a fixed due date or a term (for example, payment within 30 days after invoicing), by a statutory rule (taxes, fines, or other public charges), or by the occurrence of a specified condition in a contract. In practical usage, the related term förfall denotes the due date itself, while fällighet emphasizes the moment when performance is required.

Consequences and enforcement

- Interest and costs: From fällighet, interest (default or contractual) may accrue if payment is not made on time, and the creditor may claim reminder costs or other charges.

- Remedies: A creditor can demand performance, issue reminders, suspend ongoing obligations, terminate contracts, or pursue legal enforcement if payment is not made.

- Time limits: The moment of fällighet often interacts with prescription rules. In many cases, prescription periods start when a claim becomes due, influencing how long a creditor can enforce the obligation.

- Variations: Grace periods, installments, or negotiated extensions can shift or modify the moment of fällighet.

Examples

An invoice due on a fixed date creates fällighet on that date. If the payment is not made, the creditor may charge late interest and initiate enforcement after reminders. A delivery contract may set fällighet upon receipt of goods, or on a later payment date defined in the agreement.

Fällighet provides a core reference point in contract performance, debt collection, and the assessment of liability within Swedish civil and commercial practice.