Aug 8, 2019 10:25
4 yrs ago
4 viewers *
Swedish term

Befogenhet v. Behörighet

Swedish to English Law/Patents Law (general)
How should one distingush between the terms befogenhet and behörighet as described below? My limited legal knwoledge woudl have used Authority for both.

Befogenhet: Detta är ett juridiskt begrepp som reglerar vad man FÅR göra. Behörighet är ett annat snarlikt begrepp inom juridiken som reglerar vad man KAN göra

Discussion

Adrian MM. Aug 8, 2019:
Context? The translations can go different ways, depending on the context, e.g. an individual authoris/zation vs. a (domstols) jurisdiction, (bolag; a company's) acts intra vires, qualification or (a sea captain's certificate of) proficiency ('official' NOR/ENG trans. of the Shipping Code) eng.proz.com/kudoz/swedish-to-english/law-general/6006373-behörighet.html

Proposed translations

+3
11 mins
Selected

being authorized to vs being qualified to

Authorized meaning being given the formal responsibility of something through your position, e.g. as a captain you're authorized to make decisions about the ship or aircraft you command.
Being qualified just means that you are recognized having the ability. E.g. you have a certificate showing that you are able (and have a latent authorization) to control a ship or aircraft.
The qualification is a prerequisite to the authorization.

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Note added at 13 mins (2019-08-08 10:38:31 GMT)
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depending on context, maybe "appointed" vs "certified".
Note from asker:
thank you
Peer comment(s):

agree Agneta Pallinder : Agree with your original explanation; don't think your added suggestions are quite right.
8 mins
I realized first after the added suggestion that it was the swedish text in the post it should be applied to. (not fully woken up yet)
agree Tim Kynerd : Generically "behörighet" can be translated in other ways, but given the Swedish definitions provided by the poster, I agree with this. :-)
9 mins
agree George Hopkins : authority -- legal authority
2 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
1 day 16 hrs

Actual v. apparent authority

See this very good explanation:
https://lawline.se/answers/6069

Key points from it (but see the example in it for a full understanding):
"Behörighet... fullmaktens yttre gränser."
"Befogenhet... fullmaktens inre gränser.... särskilda inskränkande villkor... muntligen"

Typically comes about because of the need to let the agent know certain things that must be hidden from a third party.

"apparent authority is... manifestations of the principal to a third party"
"apparent authority... regardless of whether he has actual authority."
See:
https://www.law.cornell.edu/wex/apparent_authority
Note from asker:
Thank you
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