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Main proceedings

The court hearing at which the entire case as a whole is presented to the court with a view to preparing it for a final decision. The main proceedings are commenced by the parties submitting their claim and defence. The plaintiff then makes a brief statement of claim, after which evidence is produced – including examination of witnesses. Documents are only read aloud to the extent this is found to be justified. The plaintiff and the defendant then each explain their opinion on the entire case, and finally the parties are given the opportunity to comment on the other party’s pleadings. When the proceedings have been closed, the case is set down for judgment. However, subject to the parties’ consent, the court may stay the action pending the parties’ decision on the settlement proposed by the court. The main proceedings were previously called the trial.

Mandatory provision When a provision in, for example, an act cannot be dispensed with by agreement between the parties.

Market valuehen a ion in,  The price you can get for an asset, e.g. real property.

Mechanical force When, for example, a person is forced to sign by another person leading his/her hand.

Medium interest Interest as compensation for beneficiaries in the estate of a deceased person. Is used when some beneficiaries have received a payment on account of their inheritance.

Merger When several companies are combined.

Minimum interest The lowest interest rate, which does not give rise to tax under the Danish Capital Gains Taxation Act.

Minor Person under 18 years of age who has not contracted marriage.

Minors and incapacitated persons Persons less than 18 years of age who are unmarried and persons more than 18 years of age who have been deprived of their legal capacity, cf. section 6 of the Danish Guardianship Act. A minor or incapacitated person must have a guardian.

Mixed property Property comprising several types of flats depending on the purposes of the flat, for example residential and commercial flats.

Mortgage A document according to which a mortgage is agreed.

Mortgage Mortgage secured by registration. Unlike a pledge.

Mortgage on fixtures and fittings The fixtures, fittings and equipment of a business which are comprised by a mortgage on the property, cf. section 37 of the Danish Registration Act.

Mortgage on movable property registered to the owner A mortgage registered to the owner on movable property.

Mortgage registered to the owner

A mortgage issued by the owner of a property to himself. The mortgage registered to the owner is not a debt instrument but can be used as security for, for example, a loan.

Movable property Is used about effects as opposed to claims and real property.

Mutual will A will. The makers confer reciprocal benefits on each other.


Til top Sidst opdateret: 11-01-2010 
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