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alminnelig motregningsrett overfor

English translation: general right of set-off against


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Norwegian term or phrase:alminnelig motregningsrett overfor
English translation:general right of set-off against
Entered by: Tom Thumb
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18:02 Jan 28, 2012
Norwegian to English translations [PRO]
Law/Patents - Law: Contract(s)
Norwegian term or phrase: alminnelig motregningsrett overfor
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"?
eodd
Local time: 11:26
general (vs. special) right of set-off against
Explanation:
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.
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Tom Thumb
Local time: 12:26
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4 KudoZ points were awarded for this answer



Summary of answers provided
4ordinary rights of set-off
Brigid McCauley
4general (vs. special) right of set-off against
Tom Thumb


  

Answers


13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
general (vs. special) right of set-off against


Explanation:
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.


    Reference: http://www.proz.com/kudoz/norwegian_to_english/finance_gener...
Tom Thumb
Local time: 12:26
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 77
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Thank you very much
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
ordinary rights of set-off


Explanation:
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.

Example sentence(s):
  • “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.”

    Reference: http://books.google.no/books?id=XISB_Lfh3E8C&pg=PA79&lpg=PA7...
Brigid McCauley
Local time: 12:26
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 22
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Changes made by editors
Jan 30 - Changes made by Tom Thumb:
Created KOG entryKudoZ term => KOG term


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