The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note contains a jurisdiction-specific Q&A guide to sovereign immunity in Denmark published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).
Authors: Gorrissen Federspiel—Jacob Skude Rasmussen; Niels Anker Rostock-Jensen
Denmark applies the restrictive theory on sovereign immunity. The restrictive theory on sovereign immunity entails that state actions are qualified either as actions pertaining to the sovereign capacity of a state (acta de jure imperii) or as actions pertaining to the private capacity of a state (acta de jure gestionis).
Actions that reflect the sovereign capacity of a given state (acta de jure imperii), such as exercising sovereign power, are covered by immunity. Consequently, the state cannot be a party to court proceedings for actions reflecting acta de jure imperii, nor can state assets be subject to enforcement proceedings.
Actions that concern a private or economic transaction (acta de jure gestionis) of the state, such as entering into lease agreements, are as a rule not covered by state immunity.
Denmark does not have specific acts governing sovereign immunity. The legal basis for sovereign immunity is found in customary international law, which forms part of Danish law by
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Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part as a tax-free lump sum. HMRC calls this a ‘pension commencement lump sum’ (PCLS). Taking a lump sum is usually at the option of the member who will
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty
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Lexcel—assessmentLexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note tells you
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