Den successiva relevansens princip - påverkan på övrig processrätt med fokus på parter och åberopsbördan

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Procedural rules in civil law are relevant in all civil law cases in public court and are therefore a central part of the Swedish legal system. Often these rules are developed in legal science and by court practice. The principle of succes-sive relevance has gotten a clear meaning through NJA 2019 s. 802 and fur-ther affects other procedural rules such as the burden of call. The purpose of the essay is to examine the meaning of these two rules in the Swedish legal system, how they relate to one another and what consequences they have for parties in cases amenable to out-of-court settlement. To fulfil this purpose a legal dogmatic method is used, based on the legal sources that are generally accepted in Sweden. When the legal situation is unclear, motivat-ed conclusions on how the legal situation should be interpreted are presented. It is concluded in the essay that the principle of successive relevance decides in what order dispositive facts are to be tried by the court. It is the parties who through the principle of disposition create this order. The burden of call then gets bound to a certain time and order which is dependant of the principle of successive relevance. Given that the burden of call gets bound to a certain time and order it could mean that parties invoke more dispositive facts, to not suffer from having in-voked a relevant fact too late. This could make both the process material and the judicial proceedings more extensive and thus more expensive.

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