retsvirkningen

Retsvirkningen is a legal concept describing the effects that a norm, decision, or act has within a legal system. It concerns how normative rules—such as statutes, regulations, court judgments, or contracts—alter the rights, duties, and legal relationships of persons and entities. The term is used in Scandinavian legal literature and is relevant across civil, administrative, and constitutional law.

The concept distinguishes between the content of a rule (what it requires or prohibits) and the practical consequences of its application (how it changes legal positions in practice). Types of effects include the creation, modification, or extinguishment of rights and obligations; changes to legal status or eligibility; and procedural consequences such as enforceability and remedies. Effects can be direct or indirect, immediate or delayed, and prospective or retrospective, depending on the text of the rule and the applicable jurisdiction.

Examples illustrate the range of retsvirkningen. A statute imposing a new duty on employers has prospective effects from its entry into force. A court decision awarding damages creates enforceable rights for the claimant and obligations for the defendant. A contract clause that alters liability binds the contracting parties and may influence third parties to the extent the law permits.

The assessment of retsvirkningen intersects with questions of legal certainty, retroactivity, and proportionality. Many legal systems regulate retrospective effects by constitutional or statutory rules, balancing the need for predictable rules with fairness and public interest.