rettighetskrav

Rettighetskrav is a legal claim in Norwegian law in which a party asserts that they hold or are entitled to a right in relation to a person, property, or circumstance. The claim is raised in civil proceedings to obtain recognition, protection, or enforcement of that right, rather than to demand damages as such.

Origins and use: rettighet means right, krav means claim or demand; the compound is common in Norwegian legal discourse. It is a descriptive label used in pleadings and rulings to specify the legal right at issue rather than a specific remedy.

Contexts and examples: rettighetskrav appear in various areas, including property and real rights (ownership, easements, boundaries, restrictive covenants); intellectual property (copyright, patents, trademarks); and contractual or statutory rights (entitlements under a contract or under law). For example, a rettighetskrav might involve asserting a property owner’s right against trespass, a licensee’s right to use a facility, or a patent holder’s exclusive right.

Procedural aspects: the claimant bears the burden to demonstrate the existence and scope of the right, supported by evidence such as registries, contracts, prior decisions, or technical data. The court may grant relief such as injunctive protection, formal recognition of the right, or enforcement orders, or may dismiss if the right is not established.

Relation to other claims: rettighetskrav is not a separate remedy but a description of the right being asserted; it can be part of a larger dispute that also includes damages or performance claims. The term is primarily used in Norwegian legal texts and may have parallels in other Nordic jurisdictions.