handelskrav

Handelskrav is a term used in Norwegian and Swedish to describe a claim arising from a commercial transaction. It typically refers to a demand for payment, performance, or damages that one party seeks from another in the course of trade between businesses or involving business activities. While the concept is rooted in commercial law, the exact definition and handling of a handelskrav vary by jurisdiction.

Scope and forms

A handelskrav can arise from various situations, including unpaid invoices, breach of contract by a supplier or purchaser, late delivery, defective goods, or substandard services. It may involve monetary sums, interest on overdue amounts, or compensation for losses linked to the commercial relationship. In cross-border trade, the claim may be governed by contract terms, sale of goods rules, and applicable international or European Union regulations. In consumer contexts, different rules may apply, so it is common to distinguish between purely commercial claims and consumer-related disputes.

Legal framework and remedies

The handling of a handelskrav falls within civil or commercial law. The precise procedures—such as demand letters, negotiation, mediation, arbitration, or court action—depend on the jurisdiction and the contract. Remedies commonly include payment of the principal amount, interest, damages, and recovery of costs, with possible specific performance in certain cases. Enforcement may involve debt collection procedures, liens, or other legal tools.

Practical considerations

Parties should document contracts, invoices, delivery notes, and correspondence to support a handelskrav. Understanding the applicable limitation period, applicable interest on overdue amounts, and potential fees is important. In many cases, preliminary steps such as a formal demand letter and negotiation can resolve disputes without court proceedings.

See also: commercial law, contract, debt collection, dispute resolution.