hovedregel

Hovedregel is a Norwegian term used to denote the general rule or default principle that applies in a given area, unless an exception is specified by law, regulation, contract, or administrative practice. It functions as a baseline in legal texts and discourse, helping to distinguish the standard position from special cases or exceptions.

Etymology and usage: The word combines hoved, meaning main or chief, with regel, meaning rule. It is commonly employed in statutes, case law, and academic writing to present the standard rule first and to indicate that departures from it require justification or reference to a specific unntak (exception). The concept is widely used across different fields, including civil, administrative, and tax law, as well as in everyday legal interpretation.

Purpose and interpretation: The hovedregel provides a useful framework for understanding how rules operate in practice. It signals that, in the absence of a stated exception, the general rule should guide decision-making, allocation of rights and duties, and interpretation of texts. Courts and authorities often test whether a particular situation falls under the hovedregel or whether an applicable exception overrides it.

Limitations: The designation of a hovedregel does not create a mandatory normative standard beyond what the governing law prescribes. The meaning and scope of the main rule can vary by jurisdiction, context, and the specific legal instrument involved. Consequently, interpreting the hovedregel requires attention to the relevant statutory language, jurisprudence, and factual circumstances.