bestämmelse

Bestämmelse is a term used in Swedish legal language to denote a provision, clause, or stipulation within a legal instrument. It specifies rights, obligations, deadlines, exceptions, or procedures that must be followed, and it can appear in statutes, regulations, ordinances, municipal by-laws, and contracts. The concept is widely used across public and private law to articulate concrete rules within a larger framework.

In drafting, a bestämmelse is aimed at defining the scope and conditions of application, clarifying key terms, and prescribing how the rule operates in practice. It may establish duties, grant rights, set requirements for compliance, and outline remedies or penalties for non-compliance. A bestämmelse is typically part of a larger structure, such as an article or section of a law, and may be accompanied by definitions, cross-references, and transitional provisions.

Etymologically, the term derives from the verb att bestämma, meaning to determine or decide, reflecting its function to determine the rule that applies in a given situation. In English-language discussions, bestämmelse is commonly translated as “provision,” “clause,” or “stipulation.” The word is used to distinguish concrete rules within a document from overarching principles or preambles.

In practice, bestämmelser are central to how legal and contractual texts convey obligations and rights. They provide the precise and enforceable content that governs behavior, sets conditions, and guides interpretation of the instrument as a whole.