Who you can pursue
Security and liability
Pledge, surety, retention of title and personal liability. What decides whether your claim is a paper claim or a claim with something behind it.
The process
The whole dictionary Applies all the way through
Security and liability is not a step in a case. It applies from the invoice to the bailiff’s court.
The concepts
10 concepts The concepts in this theme
Each entry is one page: the definition, the rate and the rule behind it.
- Guarantee (kaution) A guarantee is a third party's promise to pay if the debtor does not — typically the owner standing surety for his own company. One more debtor gives you
- Joint and several liability (solidarisk hæftelse) Joint and several liability means that each debtor is liable for the whole of the debt — you can demand the full amount from whichever of them is able to pay.
- Non-possessory charge (underpant) A non-possessory charge is security where the debtor keeps and uses the asset, while the charge is perfected by registration (tinglysning). Registration (tinglysning) perfected by
- Personal liability (personlig hæftelse) Personal liability means that a natural person is liable for the debt with their entire personal wealth — not only with the assets of the company. No personal liability for an aps/a/s
- Possessory pledge (håndpant) A possessory pledge is security where the pledgee holds the pledged asset — the security lies precisely in the debtor not having the asset.
- Recourse (regres) Recourse is the right to pass the claim on to someone else — for instance the guarantor's claim against the principal debtor once the guarantor has paid.
- Retention of title (ejendomsforbehold) Retention of title means that the seller keeps ownership of the goods until they have been paid for — and can take them back if they never are. By delivery at the latest must be agreed
- Security (sikkerhedsstillelse) Security is the collective term for whatever a debtor puts up to secure their debt — a charge, a guarantee, a bank guarantee or a deposit.
- Security interest (pant) A security interest is a right in a specific asset — it gives priority of recovery in that asset ahead of the other creditors. Priority confers
- Set-off (modregning) Set-off is when two parties owe each other money and the claims are cancelled against one another instead of being paid. Mutual claims that have fallen due requires
Next
Other themes in the dictionary
The 6 steps of the process are above. Here are the other cross-cutting themes.