Överlåtelse

Överlåtelse is a Swedish legal term that denotes the transfer or conveyance of ownership or other rights from one party to another. It is used across civil law to describe transfers of property, rights and contractual obligations. A transfer can be voluntary, by agreement, or dictated by law, and it often requires formal documents and, in certain cases, registration to be legally effective against third parties.

In real estate, överlåtelse of fast egendom typically takes place through a purchase agreement and is completed by an överlåtelse or lagfart, which is registered with the authorities that handle land and property registration in Sweden (Lantmäteriet). The registration updates the title and makes the transfer enforceable against others. Costs and taxes may apply, depending on the transaction and regulatory framework.

For corporate or financial assets, överlåtelse can refer to the transfer of shares (aktieöverlåtelse) or of other assets. Share transfers are governed by company law and the articles of association; the ownership change is recorded in the company’s share register and sometimes requires approval from the board or other contractual mechanisms, such as pre-emption rights. Tax consequences may follow the transfer, depending on the instrument and value.

Överlåtelse of rights or contracts (överlåtelse av avtal eller rättigheter) often requires the consent of the counterparty and may be restricted by contract terms. In many agreements, a change of obligation or assignment requires novation or formal notice to be effective. The concept is central to how property, corporate interests and contractual obligations are reorganized in Swedish law.