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Ranking of creditors

The creditors’ order of priority in the insolvent estate when the debtors’ assets are to be divided, cf. part 10 of the Danish Insolvency Act.

Ratification Subsequent approval of an agreement. Ratification exists when a person who previously entered into an agreement which was invalid because the person concerned was a minor, for example, subsequently approves the agreement.

Receipt in full A receipt in full and final settlement.

Recourse Continued claim proceedings. The guarantor pays the creditor and subsequently makes his claim against the debtor – recourse.

Recovery of property Right to get stolen assets back from a person who bought the assets in good faith. Recovery is when property stolen by a thief is reclaimed even though it has been resold.

Reference interest The discount rate at 1 January and 1 July. The reference interest is used to calculate the statutory interest, cf. section 5(1) of the Danish Interest on Overdue Payments Act.

Refusal of registration

1. The court refuses to register a document if the person who controls the property is not entitled to have the document registered.

2. A decision where a case is dismissed by the judge for formal reasons, for example if a plaintiff fails to pay a court fee or to submit a pleading.

Regime whereby a fraction of family assets is held as separate property When a portion of a spouse’s property is held as separate property and the rest is community property.


Registered partnership

The same legal effects as in a marriage. Relates to two persons of the same sex.

Registration When a right is registered in the land register or in the register of marriage contracts, chattel mortgages and declarations of legal incapacity.

Registration fee A fee payable to the Danish government in connection with registration.

Reliance damages Damages in contractual relationships. The party is placed as if the agreement had not been made. Unlike expectation damages, no damages are provided for loss of profit.

Renunciation of inheritance When you renounce an inheritance, cf. section 5 of the Danish Estate Duty Act section and section 42 of the Danish Inheritance Act.

Reopening Subject to certain conditions, a final judgment can be reopened before the same court. It is mostly default judgments, see civil actions, cf. section 367 of the Danish Administration of Justice Act.

Repayment Repayment of debt in whole or in part.

Repayment of premium Repayment of, for example, insurance premium when a policy terminates during a premium period.

Reply The plaintiff’s written comments on the defendant’s defence.

Reporting restrictions on identity In a criminal case, the court may impose public reporting restrictions on the name, occupation or address of the suspect (the accused) or other persons or restrictions on any other form of public reporting of the identity of the person concerned, cf. section 31 of the Danish Administration of Justice Act.

Repossession proceedings Enforcement proceedings where the interested party retakes possession of his/her asset. The party retaking possession of the goods sold may, for example, be a seller who has reserved ownership.

Resale When, after having rescinded a contract on account of the buyer’s breach, the seller sells to a third party to mitigate the loss.

Residence requirement When the owner of real property is under an obligation to reside at the property, for example farms.

Residuary beneficiary A beneficiary named to receive the residue. Typically a beneficiary of a will which contains prior provisions concerning various gifts, legacies and devises.

Resolution Alternative term for decision.

Retaining undivided possession of an estate The estate of a deceased person where the spouse takes the entire estate even if the deceased person leaves issue and the assets of the estate exceed those to which the spouse has priority. The conditions are set out in part 4 of the Danish Inheritance Act and part 14 of the Danish Administration of the Estates of Deceased Persons Act. See also Beneficiary other than issue and spouse as regards retaining undivided possession with the parents’ line.

Reverse burden of proof When the burden of proof is reversed, i.e. you have to prove that you are not guilty.

Review Spot checks carried out by the Probate Court to ensure that an estate inventory has been correctly prepared, cf. section 79 of the Danish Administration of the Estates of Deceased Persons Act.

Revocation of will Unlike what is the case for the making of a will, there are no requirements as to form for the revocation of a will. A notarial will, in particular, should be revoked on the making of a new notarial will – and possibly only containing the revocation.


 

Til top Sidst opdateret: 11-01-2010 
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