Befogenhet v. Behörighet

English translation: being authorized to vs being qualified to

10:25 Aug 8, 2019
Swedish to English translations [PRO]
Law/Patents - Law (general)
Swedish term or phrase: Befogenhet v. Behörighet
How should one distingush between the terms befogenhet and behörighet as described below? My limited legal knwoledge woudl have used Authority for both.

Befogenhet: Detta är ett juridiskt begrepp som reglerar vad man FÅR göra. Behörighet är ett annat snarlikt begrepp inom juridiken som reglerar vad man KAN göra
Pat Carroll
Sweden
Local time: 12:40
English translation:being authorized to vs being qualified to
Explanation:
Authorized meaning being given the formal responsibility of something through your position, e.g. as a captain you're authorized to make decisions about the ship or aircraft you command.
Being qualified just means that you are recognized having the ability. E.g. you have a certificate showing that you are able (and have a latent authorization) to control a ship or aircraft.
The qualification is a prerequisite to the authorization.

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Note added at 13 mins (2019-08-08 10:38:31 GMT)
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depending on context, maybe "appointed" vs "certified".
Selected response from:

Anders Ericsson
Sweden
Local time: 12:40
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3being authorized to vs being qualified to
Anders Ericsson
4Actual v. apparent authority
Leif Ohman


Discussion entries: 1





  

Answers


11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
being authorized to vs being qualified to


Explanation:
Authorized meaning being given the formal responsibility of something through your position, e.g. as a captain you're authorized to make decisions about the ship or aircraft you command.
Being qualified just means that you are recognized having the ability. E.g. you have a certificate showing that you are able (and have a latent authorization) to control a ship or aircraft.
The qualification is a prerequisite to the authorization.

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Note added at 13 mins (2019-08-08 10:38:31 GMT)
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depending on context, maybe "appointed" vs "certified".

Anders Ericsson
Sweden
Local time: 12:40
Specializes in field
Native speaker of: Native in SwedishSwedish
PRO pts in category: 12
Notes to answerer
Asker: thank you


Peer comments on this answer (and responses from the answerer)
agree  Agneta Pallinder: Agree with your original explanation; don't think your added suggestions are quite right.
8 mins
  -> I realized first after the added suggestion that it was the swedish text in the post it should be applied to. (not fully woken up yet)

agree  Tim Kynerd: Generically "behörighet" can be translated in other ways, but given the Swedish definitions provided by the poster, I agree with this. :-)
9 mins

agree  George Hopkins: authority -- legal authority
2 hrs
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1 day 16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Actual v. apparent authority


Explanation:
See this very good explanation:
https://lawline.se/answers/6069

Key points from it (but see the example in it for a full understanding):
"Behörighet... fullmaktens yttre gränser."
"Befogenhet... fullmaktens inre gränser.... särskilda inskränkande villkor... muntligen"

Typically comes about because of the need to let the agent know certain things that must be hidden from a third party.

"apparent authority is... manifestations of the principal to a third party"
"apparent authority... regardless of whether he has actual authority."
See:
https://www.law.cornell.edu/wex/apparent_authority

Leif Ohman
United States
Local time: 03:40
Native speaker of: Native in SwedishSwedish
PRO pts in category: 10
Notes to answerer
Asker: Thank you

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