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Non-controversial jurisdiction in Finland and Sweden
Örebro University, School of Law, Psychology and Social Work.ORCID iD: 0000-0002-2171-6580
2017 (English)In: Voluntary (Non-Contentious) Jurisdiction Around The World / [ed] Argounov, V. V., Moscow, Russia: Gorodets , 2017, p. 168-186Chapter in book (Other academic)
Abstract [en]

In this Chapter I will compare voluntary jurisdiction in East-Scandinavian countries, which are Finland and Sweden. I will discuss the terminology, the nature of voluntary jurisdiction, the recent development, the regulatory basis like actors and forums as well as the scope and procedure including effects, appellation and execution of voluntary jurisdiction in the named countries. Also the fresh statistics will be given. In the end the problems, outcomes, reforms and visions will be taken up.

In Finland and Sweden the voluntary jurisdiction is taken care both by the general courts and administrative bodies depending on the situation. Especially in Finland, the scope of the voluntary jurisdiction has become wider under the recent decades. On the one hand this is due to the fact that there has been a need to create totally new forms to solve problems especially in the field of insolvency law because of the first economic crisis in the beginning of 90´s. Those kinds of examples are reorganizations of firms and loan arrangements of private persons. Also some types of cases which have earlier been normal civil cases have been changed into voluntary jurisdiction. These kinds of examples are divorce cases with their secondary claims and procedures where a person is declared legally incompetent. However, at the same time many registration issues which earlier happened at courts have been moved to administrative bodies and they are no longer taking court resources which can focus better on the disputed cases. In Sweden, the development has been similar. In 2011, many types of cases in the voluntary jurisdiction were moved from the district courts to the competence of the administrative authorities. The idea was that the courts should focus on adjudication and the other authorities should take care of pure administrative issues.

The opinions of the nature of the voluntary jurisdiction do vary a lot especially in the Finnish legal doctrine. Some scholars see it as administration when some others think it is almost pure civil proceedings. This dichotomy will be detailed discussed in the article.

Nowadays it is stressed that the legal services should be cheap, simple and rapid for the individuals. The voluntary jurisdiction and the non-contentious cases easily fulfill the named requirements. Therefore it can be even recommended to cover more and more cases by that system. However, at the same time it makes the legal system incoherent and difficultly controllable. Therefore one of the more general problems is that the field of the voluntary jurisdiction is very heterogeneous in the both countries. Not even the terminology iswell established. With the concept of the voluntary jurisdiction it is possible to refer to the non-contentious civil, criminal and administrative cases, in the other words to the different sorts of adjudication. In addition, it usually covers also pure administration like registrations.

In the Chapter all the mentioned issues and many more will be discussed in a detailed and comparative way.

Place, publisher, year, edition, pages
Moscow, Russia: Gorodets , 2017. p. 168-186
National Category
Law (excluding Law and Society)
Research subject
Law
Identifiers
URN: urn:nbn:se:oru:diva-46874ISBN: 978-5-906815-95-8 (print)OAI: oai:DiVA.org:oru-46874DiVA, id: diva2:875063
Available from: 2015-11-30 Created: 2015-11-30 Last updated: 2018-06-28Bibliographically approved

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Ervo, Laura

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CiteExportLink to record
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Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
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  • nn-NB
  • sv-SE
  • Other locale
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Output format
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  • text
  • asciidoc
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