Since 1949

Category: Realestate Law

As you make your bed, so you must lie upon it

As you make your bed, so you must lie upon it Judgment of the Court of Appeal for Western Sweden, 18 January 2017, Case no. T 1173-16 Claude D Zacharias (Attorney) 1. Background Pursuing activities or embracing values that are unacceptable according to the prevailing norms of society may result in awkward if not impossible […]

Liberal interpretation of limitation provisions

Liberal interpretation of limitation provisions Judgment of the Supreme Court of 3 December 2015 in Case no. T 4983-14 concerning liberal interpretation of limitation provisions Claude D Zacharias Attorney 1. Case-law being developed for total works 1.1 In recent years the Supreme Court has pronounced much needed judgments within the legal field of total works […]

Scope of an arbitration inspection panel’s right to review

Scope of an arbitration inspection panel’s right to review Claude D Zacharias Attorney 1. Articles and court rulings in recent years have described how the law relating to total works has been transformed into part of general civil law (cf., for example, SvJT 2015, p. 258). The Supreme Court is gradually changing and creating new […]

A defect that is not always a defect and when the assessment can vary from one case to another

1. Introduction 1.1 The heading chosen indicates something that may be intrinsically typical for law: there is seldom anything that is black or white. When we were students we joked heartily about “on the one hand this, yet on the other hand that”. 1.2 The judgment of the Supreme Court of 11 May 2016 (case […]

Implied notice of termination by conduct – Swedish Supreme Court split

Implied notice of termination by conduct – Swedish Supreme Court split Claude D Zacharias[1]  0. Introduction 0.1 The Supreme Court of Sweden has in the reported case NJA[2] 2015, p. 188 once again found reason to deviate from the statutory reasoning enunciated by the legislator. Reasons of expediency have again been applied as an overall […]

What characterises a business tenancy agreement?

What characterises a business tenancy agreement? Svea Court of Appeal's judgment of 16 December 2014, Case no. T 11761-13 By Claude D Zacharias Translated by James Hurst (Authorized Translator), ELT - English Law Translations 1. Background 1.1 'The Facility Company' pursues healthcare activities at premises in Stockholm. The healthcare is practised by doctors through their own […]

Don't lose your patio!

Don't lose your patio! By Claude D Zacharias Translated by James Hurst (Authorised Translator), ELT - English Law Translations This recommendation calls for buyers of tenant-owned apartments to be aware of the rules and regulations. Unfortunately one buyer of a tenant-owned apartment was unaware of these rules and like a letter in the post, albeit […]