Glossary entry (derived from question below)
Norwegian term or phrase:
alminnelig motregningsrett overfor
English translation:
general right of set-off against
Added to glossary by
Adrian MM. (X)
Jan 28, 2012 18:02
12 yrs ago
Norwegian term
alminnelig motregningsrett overfor
Norwegian to English
Law/Patents
Law: Contract(s)
This is from a tenancy agreement: X har alminnelig motregningsrett overfor Y.
I'm not sure how to translate "alminnelig" here.
X has a general right to make a counter-claim against Y?
X has an ordinary right to make a counter-claim against Y?
Or can I just leave out "alminnelig"?
I'm not sure how to translate "alminnelig" here.
X has a general right to make a counter-claim against Y?
X has an ordinary right to make a counter-claim against Y?
Or can I just leave out "alminnelig"?
Proposed translations
(English)
| 4 | general (vs. special) right of set-off against |
Adrian MM. (X)
|
| 4 | ordinary rights of set-off |
brigidm
|
Change log
Jan 30, 2012 17:03: Adrian MM. (X) Created KOG entry
Proposed translations
13 mins
Selected
general (vs. special) right of set-off against
The right to counterclaim (motkrav) is 'presumably' governed, not by the letting contract, but by Norwegian rules on civil procedure.
Posh EN law lecturers speak of the 'right of set-awff' - see M. Rose 'Pleading without Tears'.
Alminnelig: in E&W, the distinction would be between the *equitable* = discretionary right of set-off and generally at Common Law. Ronald Craig's NO/EN juridisk Ordbok for Kontraktsrett does not mention the pre-fix. The only thing I am sure of is that it should not be omitted describing, as it does, probably a general vs. special scenario.
Posh EN law lecturers speak of the 'right of set-awff' - see M. Rose 'Pleading without Tears'.
Alminnelig: in E&W, the distinction would be between the *equitable* = discretionary right of set-off and generally at Common Law. Ronald Craig's NO/EN juridisk Ordbok for Kontraktsrett does not mention the pre-fix. The only thing I am sure of is that it should not be omitted describing, as it does, probably a general vs. special scenario.
4 KudoZ points awarded for this answer.
Comment: "Thank you very much"
13 hrs
ordinary rights of set-off
Rights of Set-Off
A portion of a loan agreement stating the rights of each party should one party or the other default on his/her obligations. Rights of set-off are most often stated explicitly when two parties are lending money to each other.
A portion of a loan agreement stating the rights of each party should one party or the other default on his/her obligations. Rights of set-off are most often stated explicitly when two parties are lending money to each other.
Example sentence:
“There is nothing to prevent [the parties to building contracts or subcontracts] from extinguishing, curtailing or enlarging the ordinary rights of set-off, provided they do so expressly or by clear implication.”
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