bortfaldet

Bortfaldet, a Danish legal term usually rendered as “the lapse” or “forfeiture,” denotes the loss of a right, claim or entitlement when conditions are not met or when a deadline expires. It is used in civil, administrative and contract law to describe situations where a party’s ability to demand a remedy, submit an appeal or retain a privilege is extinguished because required actions were not taken within the specified time frame or because conditions attached to the right are no longer satisfied.

Bortfald is commonly triggered by time limits set in statutes, regulations or contracts. It can apply to claims, rights of appeal, notifications, or procedural requests. The precise effects and the applicable deadlines depend on the governing legal framework; some regimes allow for limited reinstatement or considerations of excusable delay, while others impose strict forfeiture.

While bortfald is related to forældelse (prescription), the two concepts are not identical. Forældelse typically concerns the extinguishment of a claim after a prescribed period, regardless of whether action was taken, whereas bortfald focuses on the loss of a right due to the failure to act within a deadline or to meet conditions. Courts interpret bortfald by looking at the relevant rules, the timing of actions, and the parties’ intentions.

In practice, bortfald underlines the need for timely action in legal and administrative processes to preserve rights and remedies, and helps ensure predictable, orderly outcomes in decision-making and enforcement.