Undantekning

Undantekning is a term used in several Nordic languages to denote an explicit exclusion from a general rule, obligation or principle. In legal, administrative and contractual contexts it identifies a carve-out that makes certain cases or items exempt from the application of a rule that otherwise would apply. The concept is closely related to, but not identical with, exemption and exception: an undantekning is usually written into text as a clause, note or proviso that narrows the scope of the rule.

In law and regulation, undantekninger are common in fiscal policy, public procurement, social benefits and administrative procedures. They may be unconditional—granting exemption in all circumstances—or conditional, applying only under specified criteria or time limits. They can be permanent or temporary, subject to revocation, amendment, or sunset clauses.

Drafting undantekninger requires careful definition to avoid ambiguity: the exact subjects, situations, and time frames that are covered must be described; the relationship to the general rule should be clear; and consequences of violating the undantekning should be specified. In practice, poorly drafted carve-outs may undermine the rule’s effectiveness or create loopholes.

The term is used mainly in Nordic legal and bureaucratic language, but the concept exists in many legal traditions under different terms. Related concepts include exception, exemption, carve-out, and reservation.