NORWAY Law and Practice Contributed by: Christian Reusch, Øystein Nore Nyhus, Therese Sætre Løfsgaard and Oda Lauksund Engamo, Simonsen Vogt Wiig
No asset disclosure orders are available; however, in connection with a distraint, the Norwegian Enforce - ment Office will investigate what assets the debtor has and may order the debtor/defendant to provide infor - mation necessary for enforcing the claim, and to give access to their private estate, business premises, etc. If there is a risk that another party will dispose of its assets to the detriment of the claimant, the claimant may obtain an attachment (arrest) in the other party’s assets as a preliminary measure to secure the claim. The other party will then be prohibited from disposing of the attached asset in a way that harms the claim - ant’s position. Such an order may be issued without prior notice to the debtor if a delay would pose a risk. In Norway, two types of domestic judgments are avail - able, in principle. The term judgment ( dom ) is used on the courts’ rulings on the merits of the disputed claims brought before them, including the courts of appeal’s rulings on appeals against judgments. To clarify, Norwegian law distinguishes between three different forms of rulings: • judgments; • interlocutory orders ( kjennelse ); and • decisions ( beslutning ). 2. Domestic Judgments 2.1 Types of Domestic Judgments Interlocutory orders and decisions apply to rulings rejecting a case due to lack of jurisdiction, legal cost awards or rulings on procedural issues, for example. Such rulings may also be enforceable, equivalent to an enforceable judgment – for instance, legal cost awards providing for the losing party to pay an amount of money to the winning party (awards made by way of an interlocutory order). Judgments The two main types of judgments are: • declaratory judgments, which constitute a bind - ing declaration in relation to a legal relationship between the parties and the judgment – although
this type of judgment cannot be directly enforced, they can provide the basis for actions such as the compelled surrender or transfer of property; and • enforceable judgments, which provide for the par - ties to do, refrain from or endure an act, such as paying an amount of money to the other party. In general, judgments are legally binding and enforce - able when they can no longer be appealed, either because there is no higher court instance or because the time limit for appealing the judgment has lapsed. Monetary judgments Monetary judgments are partly enforceable before they are final, as they can be used to obtain a lien over the other party’s assets to secure the claim as soon as the time for payment has passed, even if the judg - ment is being or can be appealed. The same applies to interlocutory orders awarding money to one of the parties – eg, legal cost awards. The debtor may avoid the lien by providing security (bank deposit or bank guarantee) for the claim. Default judgments In the case of default by the defendant, another type of judgment is available, but a default judgment is nevertheless either a declaratory or an enforceable judgment (deciding the claim). Default judgments may be obtained upon application from the claimant if the defendant does not submit a defence in time, does not attend the court hearing (through a representa - tive), or fails to perform other important procedural acts determined by the relevant court. The judgment shall be based on the grounds for the claimant’s peti - tions for relief, as long as these grounds are not evi - dently wrong. In-court settlements Despite not being a judgment by the court, in-court settlements are also relevant here, due to such agree - ments being enforceable similar to an enforceable judgment. In-court settlements are entered in the court record and signed by the parties and the member(s) of the court, stating precisely what the parties have agreed and containing a time limit for performance. The time limit is crucial in order for the settlement to be enforceable.
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