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 dictionaryApplies 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
13 conceptsThe concepts in this theme
Each entry is one page: the definition, the rate and the rule behind it.
- Charge over receivables (fordringspant)A charge over receivables is security in the company's outstanding invoices — the ones customers have not yet paid.The company's outstanding invoicescovers
- Floating charge (virksomhedspant)A floating charge covers the company's changing assets as a whole — stock, equipment and receivables, as they stand from day to day.Changing categories of assetscovers
- 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 debtorgives 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 liabilityfor 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 latestmust be agreed
- Right of retention (tilbageholdsret)A right of retention is the right to keep something in your possession until the bill for the work on it has been paid.Possession of the itemrequires
- 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.Priorityconfers
- 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 duerequires
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Other themes in the dictionary
The 6 steps of the process are above. Here are the other cross-cutting themes.