Skogsavverkningsrätt

Sammanfattning: En civilrättslig undersökning av avtalstypen upplåtelse av skogsavverkningsrätt med särskild inriktning på dels avtalsparternas inbördes rättigheter och skyldigheter och dels hanteringen av sakrättsliga konflikter. An analysis from civil law point of view with special reference on one hand to the parties´ rights and obligations and on the other hand to the treatment of cer-tain third party conflicts. An agreement between a landowner and another subject of law meaning that the latter is entitled to fell trees on the landowner’s property is according to Swedish law regarded as right to use the property, a usufruct. The Swedish Real Estate Law, however, does not pay much attention to the question of the parties’ rights and obligations regarding this kind of usufruct. Since this kind of agreement has also got important similarities with purchase, it has in Swedish legal writing been a common point that the Swedish Sale of Goods Act ought to be, either directly or analogically, applicable at least as long as the question concerns the parties rights and obligations. The dissertation examines some of several unclear or uncertain questions concerning the parties´ rights and obligations and especially such questions that from a practical point of view seem to be of interest in the line of business. A few examples of questions of this kind that are discussed are if and when the risk is handed over to the feller, if the feller has to pay compensation even if the felling has not been carried out, if the feller is entitled to make claims against the landowner if there is faults or shortage or the land-owner’s corresponding possibilities if the feller breaches the contract. In this connection special questions concerning the forming of standard contracts in this field are observed. The dissertation also deals with different kinds of third party conflicts concerning rights to fell trees. In this case there is no doubt that the rules of the Real Property Code are applicable, but the special circumstances seem to make the application troublesome, especially when the conflict primarily has reference to the ownership of the timber in-stead of the right to use the property. Such conflicts where the creditors of the feller or the landowner are involved are also examined. The main purpose is to find appropriate answers to the different questions according to Swedish law, but the answers are often uncertain. In several questions the relevant ju-ridical sources are not admitting certain conclusions. These difficulties have more or less enforced an approach to the subject characterised by recommendations and sugges-tions de lege ferenda.