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 D - Dec

 Def - Del

Dem - Dif

 Dis - Dwt 

Disclaimer of liability Part of an agreement in respect of which one party’s liability under the general rules of contractual liability is disclaimed. A disclaimer may, for example, be used in regard to a sale from the estate of a deceased person.

Discount rate Interest charged by Danmarks Nationalbank (central bank) on loans to banks. The discount rate is used as the basis for, among other things, the statutory interest rate. The rate at 1 January, 1 July, respectively, will be used. This rate is called the reference rate.

Discovery of documents – civil law Duty to produce documents in a legal action.

Discovery of documents – criminal law

During the police investigation of a criminal case, the court may order a person or a business which is not a suspect to present or deliver objects, cf. section 804 of the Danish Administration of Justice Act. It is a condition that the object is in the custody of the person concerned and that the object

  • can be used as evidence during the criminal proceedings 
  • ought to be confiscated, or
  • in connection with the offence has been appropriated from some one who may reclaim it.
Discretionary Estimated.

Disqualification Circumstances where the court’s staff must or can step aside, cf. sections 60 - 67 of the Danish Administration of Justice Act.

Dissent Minority in court sitting in panels.

Distribution Distribution of inheritance according to an estate inventory.

Distribution

Transaction by which an asset is removed from the estate of the deceased person to a spouse, beneficiary or legatee, cf., for example, sections 5, 28 and 29 of the Danish Administration of the Estates of Deceased Persons Act and section 5(4) of the Danish Estate Duty Act.

In certain circumstances, the payment of debt is also regarded as distribution, cf., for example, section 27 of the Danish Administration of the Estates of Deceased Persons Act.

Distribution interest Interest charged on what has been passed on account to any beneficiary in order to put the beneficiaries on an equal footing, cf. section 26 of the Danish Tax on the Estates of Deceased Persons Act.

Distribution on account Transfer of assets from an estate to a beneficiary or a legatee before the estate is wound up, cf. section 64 of the Danish Administration of the Estates of Deceased Persons Act.

Dividend Part payment of the creditors in connection with, for example, the winding up of insolvency proceedings or a composition.

Divorce Dissolution of marriage by grant or judgment.

Document of title A document showing the owners of a property, e.g. a conveyance.

Domicile Registered office.

Donation Gift.

Drafting of documents in official form Situations where a specific form is to be used. For example, a specific form is required in connection with registration in the motor vehicles securities register, cf. section 4 of the Danish Executive Order on Registration in the Motor Vehicles Securities Register.

Drawee The person on whom a bill of exchange is drawn. The drawer (the issuer of a bill of exchange) requests the drawee to pay to the payee (creditor).

Drawer The person who issues a bill of exchange. The drawer (the issuer of a bill of exchange) requests the drawee to pay to the payee (creditor).

Due date The day a payment falls due. Often with a credit time attached – a number of days of grace. The day of payment can therefore be on a day later than the due date.

Due process A principle, according to which society is regulated by means of rules of law which are clear and transparent (substantive due process) and that there is equality before the law (procedural due process).

Due time The time when a creditor may demand payment.

Duress When a person is forced by threat of violence or use of power, cf. section 28 of the Danish Contracts Act.

Duty of disclosure Anyone who knows the financial and inheritance circumstances of the deceased or anything else of importance to the calculation of estate duty is under an obligation to provide information to the Probate Court and any administrator, cf. sections 7(2) and 92 of the Danish Administration of the Estates of Deceased Persons Act, sections 16(2) and 33 of the Danish Estate Duty Act.

Duty to mitigate loss A person suffering a loss has a certain duty to try to mitigate his/her loss.

Dwelling space The area of the property which may be lawfully used for residential purposes.

Til top Sidst opdateret: 11-01-2010 
DomstolsstyrelsenseperatorStore Kongensgade 1-3seperator1264 København K.seperatorFax: 70104455seperatorEmail: post@domstolsstyrelsen.dk