Avtal om framtida överlåtelser av fast egendom

Sammanfattning: This research examines whether contracts that regulate future real estate purchases are to be permitted in Sweden. An investigation of the present as well as the historical legal position has served as a basis for the assessment made by the authors. Additionally the research investigates possible regulations of future real estate purchases in the event of a legalisation. Contracts governing future real estate purchases are invalid, this follows from an ancient Swedish judicial principle, pactum de contrahendo. The invalidity of such contracts has been tried by the judiciary at several occasions who has concluded that the invalidity is a result of the formal requirements of real estate purchase agreements stated by the Code of Land Laws. Our assessment is that the formal requirements themselves cannot be considered to cause the invalidity, the motives behind the formal requirements, however, can motivate the invalidity. The motives behind the existing formal requirements are among other things, the ambition to achieve transparent ownership situations in real estate matters and that ownership transitions shall be transparent. The principle of invalidity of contracts governing future real property purchases has been an established principle of the Swedish judiciary system for centuries. Several historical investigations has been undertaken by experts in order to state their emergence. One interpretation of one paragraph in the Code of Land Laws of 1810 is believed to be a possible source of origin, something that has not however, been fully confirmed. Despite the prohibition against contracts on future real estate purchase, conclusion of such contracts exist in practice. Very often such contracts are concluded by large companies and municipalities. The fact that such contracts are concluded is not believed to be due to the lack of knowledge but due to the will of the parties to conclude such contracts. This can be seen as an indication of the demand for this particular type of contract in practice. In this research, comparisons with other legislation have been made which have led us to the conclusion that contracts on future real estate purchases should be permitted. In order to maintain legal certainty we consider that the contracts should be regulated in law. To avoid the risks for the parties concerned as well as strangers, our suggestion is that contracts that regulate future real estate purchases are to be registered in the cadastre.