§ 28. Agreements to extend or shorten the limitation period

§ 28 is about agreements on the limitation period. Can the parties agree that a claim will never become time-barred (foreldet)? Can they agree that the period should be shorter? Can the debtor give the creditor (kreditor) more time? § 28 provides the answers.

The first sentence says that the debtor cannot validly agree that limitation shall not occur under the law. This means you cannot write in an agreement in advance that "this claim will never become time-barred" and expect that to always apply. The law sets limits. Limitation is not just a voluntary arrangement that the parties can remove entirely.

This protects the debtor. Without such a rule, strong creditors could force in contract terms saying that claims never become time-barred. That would make the Limitation Act much weaker. The law wants claims to have an end point.

But the second sentence allows an extension of the limitation period after the claim has arisen. Once the claim exists, the debtor can accept that the period is extended. This can be practical if the debtor needs more time to pay and the creditor wants to avoid taking legal action (rettslige skritt).

The extension of the limitation period can apply for up to 3 years at a time, calculated from the time of agreement. Agreement means that the debtor accepts the extension. It should be in writing. An oral agreement can be difficult to prove.

There is also an outer limit. The period cannot be extended beyond 10 years from the day the limitation period would otherwise have expired. This means the debtor can give more time, but not unlimited time. The law sets a cap.

The second paragraph concerns bond issues (mengdegjeldsbrev). This is a type of promissory note issued in many identical copies, typically in financial contexts. Here the limitation period can be extended by an express provision in the promissory note. This is more relevant in the securities and financial markets than in ordinary private loans.

The third paragraph concerns interest or dividend coupons. The period can be extended by agreement, but not shortened. This too is more specialised and linked to particular financial documents.

For ordinary people and small businesses, the first paragraph is the most important: you cannot agree away limitation in advance, but you can get the debtor to accept an extension of the limitation period after the claim has arisen, within the 3-year and 10-year limits.

Can I agree that the claim will not become time-barred?

No, not in a binding way. § 28 says that the debtor cannot agree that limitation shall not occur under the law. An agreement that the claim "never becomes time-barred" is therefore not safe.

This applies particularly to standard contracts. If a lender, seller or supplier writes that all claims last forever, that does not necessarily help. The Limitation Act sets limits.

But after the claim has arisen, the debtor can accept an extension. That is something different. The debtor then knows which claim it concerns. The debtor can assess the specific situation. Perhaps the debtor wants to avoid a lawsuit (søksmål). Perhaps the parties are negotiating. Perhaps they need time.

The extension must be clear. Write which claim it concerns, how long the period is extended, and the date of the extension. For example: "I accept that the limitation period for the claim of NOK 45,000 under the loan agreement (låneavtale) of 1 March 2024 is extended to 1 July 2028."

A vague message saying "we'll deal with it later" is not enough. It may possibly be an acknowledgement of the claim (erkjennelse) under § 14, but it is not necessarily an extension of the limitation period under § 28. Distinguishing between acknowledgement of the claim and extension of the limitation period is important.

What is the difference between acknowledgement of the claim and extension of the limitation period?

Acknowledgement of the claim under § 14 means that the debtor confirms the claim. This interrupts limitation, and a new period runs under § 20. Extension of the limitation period under § 28 means that the debtor accepts that the limitation period is extended.

Both can help the creditor, but they work slightly differently. An acknowledgement of the claim gives a new period under the rules of the law. An extension of the limitation period is an agreed postponement of the limitation period, within the limits of § 28.

In practice, the same document can do both if it is worded correctly. The debtor can both acknowledge the claim and accept an extension of the limitation period. For example: "I acknowledge that I owe NOK 50,000, and I accept that the limitation period is extended to 1 December 2028."

If you are the creditor, this is safer than an unclear payment postponement. If you are the debtor, you should know what you are signing. An extension of the limitation period can keep the claim alive longer than it otherwise would be.

How long can the period be extended?

Up to 3 years at a time, calculated from the time of agreement. This means that if the debtor accepts an extension on 1 June 2026, the extension cannot have effect beyond 1 June 2029 for that particular agreement.

But there is also an overall cap: not beyond 10 years from the day the limitation period would otherwise have expired. If the original limitation period would have expired on 1 June 2026, extensions under § 28 cannot together stretch the period beyond 1 June 2036.

This prevents the claim from being kept alive forever through repeated extensions of the limitation period. The law allows flexibility, but not a never-ending commitment.

For the creditor, this means you must keep track of both limits. You must know when the debtor accepts the extension. And you must know when the original period would have expired. Without these dates, you cannot calculate the maximum period.

Can the period be shortened?

§ 28 does not set out a general rule that all limitation periods can be shortened. It states expressly in the third paragraph that the period for interest or dividend coupons can be extended by agreement, but not shortened. For other claims, the question must be assessed based on the structure of the Act, other legislation and the contractual relationship.

In ordinary consumer relationships, short periods will often have to be assessed strictly, especially if they weaken rights. The Limitation Act is primarily about when claims lapse, but other laws may have mandatory rules. You should therefore be careful with contract terms that try to make the period shorter than the law provides.

For the Rettsregel reader, the most important point is this: do not assume that a contract can simply take away the periods set by law. If someone refers to a very short limitation period in standard terms, you should check whether it actually applies.

What happens if you get it wrong?

If you rely on an invalid or unclear agreement about the period, the claim may become time-barred. You may think you have plenty of time, while the law says the period has already expired.

If you only have a vague message from the debtor, there may be a dispute about whether it is an acknowledgement of the claim, a payment postponement or an extension of the limitation period. So write precisely.

If you extend too far, the agreement can only have effect within the limits of the law. You should therefore not write dates without calculating the 3-year limit and the 10-year cap.

Use a written extension of the limitation period. Write the amount, the basis, today's date and the new deadline. Write that the debtor accepts an extension of the limitation period under the Limitation Act § 28.

Check that the extension is not more than 3 years from the date of signing. Also check that it does not go more than 10 years beyond the original limitation date.

If you also want an acknowledgement of the claim, write that expressly. For example: "I acknowledge the claim and accept an extension of the limitation period."