§ 11. Who owns the yield from the item?
Yield (for example fruit from a tree, or offspring from an animal) produced before the agreed delivery (levering) date belongs to the seller (selger). After the agreed time of delivery, it belongs to you.
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
Yield that the item produces before the agreed time of delivery accrues to the seller, when there was no reason to expect that it would arise later. Yield that the item produces after the agreed time of delivery accrues to the consumer (forbruker), when there was no reason to expect that it would arise earlier.
The parties may agree on a different arrangement.
What does this mean?
This is rarely relevant for electronics and furniture, but it matters when buying domestic animals, plants or anything else that gives a "yield".
The logic is simple: What arises before the time of delivery belongs to the seller, and what arises after belongs to you. If the seller is late delivering, and the item produces value during the delay (forsinkelse), that value is yours — because it came after the originally agreed time of delivery.
Example
Håkon buys a purebred horse to be handed over on 1 June. In late May, the horse wins a big prize in a race the breeder had entered it in. The prize came in before the delivery time of 1 June — the breeder keeps it, unless they had agreed otherwise.
Common mistakes
- Believing that you own all future income from the second the contract is signed
- Forgetting to agree in the contract who gets the offspring if you buy a pregnant animal
What should you do?
If you buy something that can produce value while you wait for delivery, make sure to draw up a written agreement. The law says that you can agree on a different arrangement.