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Abstract

Anyone undertaking, within so limited a compass as this, the task of presenting an outline of Swedish procedural law (covering both criminal and civil cases) and, furthermore, of giving some account of the rules concerning legal aid, execution and bankruptcy, is at once overtaken by two sobering reflections. One of these is that certain quite important matters will have to be left out of the exposition. The other is that those readers who seek practically useful knowledge of some matters relating to legal procedure may not obtain as much information as they need, and perhaps will even be misled. But, provided the author makes it clear that the aim is to provide a reasonably intelligible map of the area, a kind of aerial photograph of the unfamiliar territory, and provided, furthermore, he directs those who are looking for more detailed guidance to other legal works, he may perhaps be excused for making the attempt.

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Notes

  1. Se also S. Strömholm in the introduction of this volume, ch. 1, sec. 5.

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  2. See the legal work mentioned in Bolding, “Access to Justice in Sweden” (in Access to justice,Vol. 1, A world survey edited by M. Cappelletti and B. Garth, Milan 1978, book 2), p. 905, footnoote 17. According to Bolding there are perhaps 200 or 300 cases of arbitration proceedings a year, in which at least one lawyer is engaged as arbitrator, attorney or party.

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  3. Four Sw. kronor are roughly equal to one U.S. dollar.

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  4. After this article was written new statistics show, however, that the tendency to litigate has increased; see further section 3.3 below.

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  5. Translated from Bolding’s contribution to the volume of essays published in honour of P.O. Ekelöf, Stockholm 1972, p. 123.

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  6. P.O. Ekelöf, Rättegång I, 5th ed., Stockholm 1977, p. 97.

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  7. Translated from P.O. Ekelöf, op.cit.,p. 95.

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  8. See on this P. H. Lindblom in Scandinavian Studies in Law 18, 1974, 109 ff.

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  9. A new investigation (October 1979) presents a different picture: both the number of cases under the Small Claims Act and the Code of Civil Procedure have increased, from 1975 to 1978 with 42 and 10 per cent, respectively (about 10,000 cases under the Small Claims Act in 1978).

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  10. See further Arbitration in Sweden,published by the Stockholm Chamber of Commerce, Stockholm 1977 (212 pp).

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  11. See, for instance, P. O. Ekelöf, “Das Schwedische Untergerichtsverfahren in Zivil- und Strafsachen”, juristische Studiengesellschaft Karlsruhe, Schriftenreihe, Heft 82, 1968, p. 11.

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  12. See articles and comments by A. Bruzelius and P. O. Bolding and the article by P. S. Munther in M. Cappelletti et al. Toward Equal Justice, A comparative study of legal aid in modern societies, Milan 1975, 525-84. Cf. also J. R. Boman in Perspectives on Legal Aid. A Comparative Survey, edited by F. H. Zemans, London 1979, 243—54.

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© 1981 Springer Science+Business Media New York

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Lindblom, P.H. (1981). Procedure. In: Strömholm, S. (eds) An Introduction to Swedish Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-4347-1_4

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  • DOI: https://doi.org/10.1007/978-94-017-4347-1_4

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