upplåtelseförhållande

An upplåtelseförhållande, often translated as a usufructuary relationship or right of use, is a legal concept in Swedish law. It describes a situation where a person, the usufructuary, is granted the right to use and benefit from property belonging to another, the owner. This right is typically limited to the fruits or yields of the property, such as agricultural produce or rental income, and does not extend to altering or disposing of the underlying asset itself.

The creation of an upplåtelseförhållande can occur through various means, including contractual agreements, wills, or as a consequence of specific legal provisions. The terms and conditions governing the usufructuary's rights and obligations are usually defined by the agreement or the relevant legal framework. Key aspects often include the duration of the right, the extent of permissible use, and responsibilities regarding maintenance and preservation of the property.

Unlike ownership, a usufructuary does not possess the right to sell, mortgage, or otherwise permanently encumber the property. Their right is primarily one of enjoyment and utilization. Upon termination of the upplåtelseförhållande, whether due to the expiry of a set term or other stipulated conditions, the right to use and benefit from the property reverts fully to the owner. This legal construct serves to facilitate the transfer of beneficial use of property while preserving the owner's ultimate title.