§ 30. Special rules in other laws may take precedence
If another law has its own limitation periods (foreldelsesfrister) or special rules on limitation (foreldelse), the Limitation Act (foreldelsesloven) applies only as far as it fits. The special rule in the other law may take precedence. You must therefore always check whether your claim (krav) is covered by special rules.
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
Where another law lays down special limitation periods or other special provisions on limitation for certain claims (fordringer), the rules of this Act apply to the extent that nothing else follows from the other law or from the particular nature of the relationship.
What does this mean?
§ 30 is about the relationship between the Limitation Act and other laws. The Limitation Act is the main law on limitation of claims. But it is not always the whole answer. Some claims have their own rules in other laws. In that case, you must apply the special rule first.
This is a practical and important provision. Many people make the mistake of opening the Limitation Act, finding the 3-year period in § 2, and concluding that all claims become time-barred (foreldet) after 3 years. That is not the case. The Limitation Act itself has several special rules, and other laws may have even more.
§ 30 says that where another law has special limitation periods or other special provisions on limitation for certain claims, the Limitation Act applies only to the extent that nothing else follows from the other law or from the particular nature of the relationship.
"Special limitation periods" means separate periods for particular claims. "Other special provisions" can be separate rules on when the period starts, how it is interrupted, who can invoke it, or what effect limitation has.
"The particular nature of the relationship" means that the type of claim may indicate that the rules of the Limitation Act do not fit fully. This is a more open wording. It means you must look at what kind of legal relationship it is. Some schemes have their own considerations that require the Limitation Act to be adapted.
§ 30 is similar to § 1, but returns to the same point at the end of the Act. § 1 says that claims become time-barred under the Limitation Act unless otherwise provided by law. § 30 explains how the Act works when other statutory rules actually exist. The two provisions are connected.
Do I always have to check other laws?
Yes, if your claim arises from an area with its own rules. You should always ask: is there a special law for this claim? If so, it must be checked.
For example, claims in transport, insurance, employment, performance owed (ytelser) by the public sector, tax, duties, maritime law, aviation, company law and other special areas may have their own rules. Some rules are limitation rules. Other rules are deadlines for complaining about a defect (reklamasjonsfrister) or deadlines for bringing a lawsuit. They must not be mixed up, but they can be just as important.
A deadline for complaining about a defect is a deadline for making a complaint. A limitation period is a deadline for preserving the claim. You can lose a claim if you complain too late, even if the limitation period has not run out. You can also have complained in time, but still lose the claim if the limitation period is not interrupted. That is why you often have to check several deadlines at the same time.
§ 30 does not mean that the Limitation Act becomes irrelevant. The Limitation Act often applies as a supplement. This means that it fills gaps where the special law says nothing else. If another law has its own period, you use that one. If it does not say how the period is interrupted, the Limitation Act's rules on interruption may still apply, if they fit.
What does "to the extent" mean?
The words "to the extent" mean that the Limitation Act may apply partly. It is not always all or nothing. Another law may have one special rule, while the rest follows the Limitation Act.
Imagine that a special law says a claim must be brought within 1 year, but says nothing about how the period is calculated. Then § 29 of the Limitation Act may perhaps be used to calculate the period, if it fits. Or a special law may say when the period starts, while the Limitation Act says how the period is interrupted.
This is why § 30 is important. It does not just say "other laws always take precedence". It says that the Limitation Act applies as far as nothing else follows from the other law or from the particular nature of the relationship. So you have to compare the rules.
For ordinary readers, this means: start with the Limitation Act, but do not stop there if the claim comes from a special area. Find the special law. See whether it has its own deadlines. Use the Limitation Act where the special law says nothing else.
What is the difference between limitation and other deadlines?
This is one of the most important things to understand. Not all deadlines are limitation periods. Some deadlines are deadlines for complaining about a defect. Some are deadlines for appealing. Some are deadlines for bringing a lawsuit. Some are deadlines for filing claims (meldefrister).
A complaint about a defect (reklamasjon) means that you report a fault. If you buy goods with a defect (mangel), you must complain within certain deadlines. That is not the same as limitation. You can complain in time, but still have to watch the limitation period for the monetary claim (pengekrav).
An appeal deadline means a deadline for appealing a decision or ruling. If you appeal too late, the appeal may be dismissed. That is not always the same as limitation either.
A deadline for bringing a lawsuit means that you must take the case to court within a certain deadline. It can be shorter or stricter than ordinary limitation. If another law has such a deadline, § 30 may mean that it takes precedence.
A deadline for filing claims can be a deadline for filing claims in an estate, in response to a public notice to creditors (proklama), or with an insurer. That too can affect the claim. So you must not only ask: "Is the claim time-barred?" You must also ask: "Are there other deadlines?"
What happens if you get it wrong?
If you use the wrong deadline, you can lose the claim. This can happen because the special law has a shorter deadline than the Limitation Act. It can also happen because the special law requires a particular action, while you did something else.
If you only keep to the deadline for complaining about a defect, but not the limitation period, you can also lose. You may have complained correctly, but still let the claim become too old.
If you think the Limitation Act does not apply because another law exists, you can make the opposite mistake. The Limitation Act may still apply as a supplement. Then you may need the rules on interruption of the limitation period (fristavbrudd), a new period or the calculation of periods.
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Examples
Kari has a claim under an agreement. She finds the Limitation Act § 2 and sees that the main period is 3 years. She thinks this always applies. But the agreement concerns an area where a special law has its own deadline. Then Kari must apply § 30. If the other law has a special limitation period or another special limitation rule, it takes precedence as far as it goes. The Limitation Act is only used as a supplement. Kari should therefore not draw conclusions until she has checked the special law. If she uses the wrong deadline, she may either think she has lost a claim she still has, or think she has a claim that is already lost.
Marius buys a used car and discovers a defect. He complains to the seller about the defect. He thinks that since he has complained, everything is safe. But a complaint about a defect and limitation are not the same thing. If Marius wants to claim money, a price reduction (prisavslag) or compensation (erstatning), he must also keep to the limitation rules. At the same time, he must check the sales rules on complaints about defects and other deadlines. § 30 reminds him that the Limitation Act does not always stand alone. This is a common mistake in consumer cases. People complain in time, but do not follow up the claim before limitation becomes a problem.
Common mistakes
- Using the 3-year period without checking special laws
- Mixing up the deadline for complaining about a defect and the limitation period
- Thinking that a complaint to the other party always interrupts limitation
- Not reading the special rules for the type of claim the case concerns
- Thinking that the Limitation Act applies either to everything or to nothing
What should you do?
Start by identifying the claim. What kind of claim is it? A loan? An invoice (faktura)? Compensation? A purchase? Work? Rent? Insurance? A public decision?
Then find the area of law. Check whether a special law has its own deadlines. Look for words such as limitation, deadline for bringing a lawsuit, complaint about a defect, notification, appeal deadline and lapse.
Use the Limitation Act together with the special rules. If the special rule says something else, follow it. If the special rule is silent, use the Limitation Act where it fits.