antitilslåning

Antitilslåning refers to a legal concept primarily found in Scandinavian contract law, particularly in Norway and Sweden, that deals with the ability of a party to retain a deposited sum of money as compensation for damages in the event of a breach of contract. This deposit is often referred to as a "forbeholdt beløp" or "deposited sum" and is paid at the time the contract is entered into.

The core principle of antitilslåning is that the party who has received the deposit (the beneficiary) can claim it as a pre-agreed form of damages if the other party (the depositor) fails to fulfill their contractual obligations. This is distinct from a general penalty clause, as antitilslåning is typically seen as a genuine pre-estimate of potential loss. The amount of the deposit is therefore crucial and should bear a reasonable relationship to the anticipated damage.

A key aspect is that the beneficiary's right to claim the deposit is usually limited to the actual damages suffered. If the actual damages are less than the deposited sum, the beneficiary is generally only entitled to claim the actual amount of the loss. Conversely, if the actual damages exceed the deposited sum, the beneficiary may, in some jurisdictions or under specific contract terms, be able to claim additional compensation, although this is not always the case and depends heavily on the specific legal framework and contractual provisions. The exact application and interpretation of antitilslåning can vary between jurisdictions and is subject to case law.