nøkkelbestemmelse

Nøkkelbestemmelse is a Norwegian term that denotes a key or core provision in a legal document, such as a contract, statute, regulation, or treaty. It refers to a clause that is central to the document’s purpose, rights, obligations, or conditions, and that often determines how the rest of the text should be understood or applied.

In practice, nøkkelbestemmelse is used to mark the most important terms that define the relationship between parties or the framework of the regulation. These provisions can govern material aspects like price and payment terms in contracts, risk transfer and performance conditions, or the governing law and dispute resolution in international agreements. Because they carry significant influence on enforcement and interpretation, they are typically drafted with particular care and clarity.

Characteristics of nøkkelbestemmelse include its central role in determining the core obligations and remedies available if a term is breached. It may interact with other clauses, such as severability or hierarchy of terms, and its interpretation can affect how ambiguities in other provisions are resolved. In drafting, attention to precision, scope, and potential conflicts is common to minimize disputes and ensure that the key terms reflect the parties’ intent.

Although widely used in Norwegian legal drafting, nøkkelbestemmelse is not a formal technical term in every jurisdiction. Its exact status and implications can vary depending on the legal context and the document type. In summary, a nøkkelbestemmelse identifies and governs the most essential elements of a document, shaping its enforceability and practical effect.