Återtagningsrätt

Återtagningsrätt, often translated as "right of repossession" or "right of recovery," is a legal concept primarily found in Swedish law. It refers to the right of a seller to reclaim goods that have been sold if the buyer fails to fulfill their payment obligations. This right is typically exercised when the sale has been made on credit, meaning the buyer has not paid the full purchase price at the time of delivery.

For återtagningsrätt to be valid, certain conditions usually need to be met. The seller must typically have reserved ownership of the goods until full payment has been received. This reservation of ownership is often stipulated in the sales contract or in the terms and conditions of the sale. If the buyer defaults on payment, the seller can then invoke their återtagningsrätt to take back the goods.

The process of exercising återtagningsrätt may involve specific legal procedures. It is important for sellers to understand the legal framework surrounding this right to ensure they act in accordance with the law. The buyer also has certain rights and protections under Swedish law concerning återtagningsrätt. The limitations and conditions for invoking this right are regulated by legislation, primarily the Swedish Sale of Goods Act (Köplagen). The purpose of återtagningsrätt is to provide security for sellers in credit transactions, ensuring they are not left without payment or the goods themselves.