Inhibition: Om verkställighetsförbud m.m. i judiciell process, inom förvaltningsrätten och i utsökningsförfarandet
1998 (Swedish)Doctoral thesis, monograph (Other academic)Alternative title
On the prohibition of implementation of judgments and decisions in the general courts, in administrative law and execution law (English)
This thesis deals with stay of execution (inhibition). A decision to stay execution means that further measures taken to implement a decision or a writ of execution are prohibited or declared to be without effect. Stay of execution can normally only be issued when a decision is appealed against. The decision against which an appeal is made must be capable of being executed. The substantive conditions for stay of execution are that there is a reasonable likelihood of the decision being changed and that the person applying for stay of execution, or other interests, will suffer damage if it is not granted. The interests in carrying out the decision and the interests in issuing a stay of execution are weighed against each other. This balancing exercise can change the requirements of proof originally made relating to the substantive conditions for issue of stay of execution.
The question of stay of execution can be taken up ex officio in all proceedings except for civil proceedings amenable to out of court settlement. It is only in such proceedings that statements by a party admitting liability are binding. A party seeking stay of execution in cases amenable to out of court settlement has the burden of bringing to the attention of the court legal facts in his favour whereas the opposing party has the burden of bringing to the attention of the court legal facts which speak in his favour. In all proceedings, a party seeking stay of execution has the burden of proving that the substantive conditions for ordering stay of execution are fulfilled.
The principle of the free evaluation of evidence applies in determining whether to issue stay of execution although it has restricted impact in practice, as the review is usually limited in nature, based only on written material and done under pressure of time.
A special application against a decision to issue or not issue a stay of execution is not permitted in the general courts, except in the context of court matters (i.e. judicial supervision of private arrangements ordinarily presented in a non-litigatious context, e.g. the appointment of a trustee). By contrast, such a special application is allowed in administrative proceedings for stay of execution and probably in general in the fields of administrative and execution law. The justification for this difference in treatment can be questioned.
Place, publisher, year, edition, pages
Uppsala: Acta Universitatis Upsaliensis , 1998. , 379 p.
Skrifter från Juridiska fakulteten i Uppsala, ISSN 0282-2040 ; 63
IdentifiersURN: urn:nbn:se:uu:diva-1108ISBN: 91-7678-385-5OAI: oai:DiVA.org:uu-1108DiVA: diva2:160653
1998-05-15, universitetets lärosal IV, Uppsala, Uppsala, 10:15 (English)