You might be wondering…

• “Can I really buy something that doesn’t exist yet?”

• “What if there are no fruits at all?”

• “Is it better to buy the fruits one by one, or the whole in bulk?”

Clients often ask me…

• “Can I buy future rent from the owner of a flat?”

• “Is it possible to transfer the entire future wheat harvest, even if it hasn’t been sown yet?”

• “What happens if there end up being no fruits at all?”

Legal explanation (Section 2083 Civil Code)

The Civil Code explicitly permits:

• A purchase contract can transfer future fruits of a thing.

• If transferred “in bulk”, the buyer acquires everything the thing produces in a certain period (e.g., entire harvest, all rent).

• The risk lies with the buyer: if the fruits do not materialize or are smaller than expected, the buyer still pays.

👉 It is a special type of purchase contract where the law anticipates a business or speculative character of the deal.

Biggest risks and common mistakes

• No guarantee of quantity: the buyer has no right to a minimum.

• Unclear scope: if the period or subject (e.g., a specific plot of land) isn’t defined, the contract is vague.

• Confusion with lease or tenancy: sometimes it’s not a purchase contract at all, but another contract type is more appropriate.

Step-by-step approach

1. Clearly define which fruits are included (e.g., apple harvest in 2026 from a specific orchard).

2. Set the period – usually a specific season, year, or rental term.

3. Agree on the price – fixed sum for the entire bulk.

4. Assess the risks – what if there’s drought or the tenant defaults?

5. Consider alternatives – sometimes a lease contract or conditional purchase is safer.

Real-life example

A company bought the future grain harvest from 50 hectares. Due to extreme drought, the harvest was minimal. The company still had to pay the agreed price because the contract was made “in bulk.” The buyer bore the risk of lower yield.

Why free templates aren’t enough

Template contracts often fail to distinguish between the sale of existing fruits and future fruits in bulk. Poor wording can lead to disputes or even invalidity.

Lawyer’s recommendation

If you are considering buying fruits in bulk, always ask yourself:

• Is the subject and period clearly defined?

• Do I understand that I bear the risk of no yield?

• Would another contract type (lease, sharecropping, conditional sale) be more suitable?

Checklist:

• Is the subject of purchase clearly described?

• Is the period and price agreed?

• Am I prepared to bear the risk of zero yield?

FAQ

What does buying “in bulk” mean?
The buyer purchases everything the thing produces in a certain period, without a guarantee of quantity.

What if no fruits appear at all?
The buyer still has to pay—the risk lies with them.

Can future rent be bought?
Yes, future rent can be the subject of a purchase if clearly defined.