Map of the Legal systems of the world (en)

The

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...

is a civil law system, whose essence is manifested in its dependence on statutory law. Sweden's civil law tradition, as in the rest of Europe, is founded on classical Roman law, but on the German (rather than

Napoleon Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who ...

ic) model. But, over time Sweden along with the other Scandinavian countries have deviated significantly from the classical Roman and German model. Instead, the Scandinavian countries (Sweden,

Norway Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...

, and

Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Danish Realm, Kingdom of Denmark ...

) together with

Finland Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...

, the

Faroe Islands The Faroe Islands ( ), or simply the Faroes ( fo, Føroyar ; da, Færøerne ), are a North Atlantic island group and an autonomous territory of the Kingdom of Denmark. They are located north-northwest of Scotland, and about halfway bet ...

Greenland Greenland ( kl, Kalaallit Nunaat, ; da, Grønland, ) is an island country in North America that is part of the Kingdom of Denmark. It is located between the Arctic and Atlantic oceans, east of the Canadian Arctic Archipelago. Greenland is t ...

Åland Åland ( fi, Ahvenanmaa: ; ; ) is an Federacy, autonomous and Demilitarized zone, demilitarised region of Finland since 1920 by a decision of the League of Nations. It is the smallest region of Finland by area and population, with a size of 1 ...

(self-governing) and

Iceland Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...

may be said to have a special "Nordic" version of jurisprudence that is neither a truly civil law system nor a part of the British-derived common law legal system.

Constitution

Sweden has a written constitution consisting of four fundamental laws. A distinction is made between fundamental laws and other laws; the difference being that any amendment of fundamental laws requires two identical decisions to be made by the

Riksdag The Riksdag (, ; also sv, riksdagen or ''Sveriges riksdag'' ) is the legislature and the supreme decision-making body of Sweden. Since 1971, the Riksdag has been a unicameral legislature with 349 members (), elected proportionally and se ...

(Sweden's national legislature), separated by an election.

Statutes

The

Swedish Code of Statutes The Swedish Code of Statutes ( sv, Svensk författningssamling; SFS) is the official law code of Sweden which contains the statutes and ordinances enacted and designated by the Government, including a publication of all new Swedish laws enacted by ...

is the official chronological compilation of all new national laws enacted by the Riksdag and ordinances issued by the Government. Unlike most continental European countries, however, Sweden's codified statutes do not include a comprehensive Civil Code comparable to the German BGB or the French Civil Code and instead set forth statutory law in a piecemeal fashion. For example, rather than addressing the law of obligations in one major title of a comprehensive civil code, Sweden addresses the subset of the law of obligations pertaining to torts in an isolated statute passed piecemeal in 1972 that is not itself comprehensive or complete.Jan Hellner, "Modern Swedish Perspectives: The New Swedish Tort Liability Act" 22(1) The American Journal of Comparative Law 1 (Winter 1974) DOI: 10.2307/839054 https://www.jstor.org/stable/839054 Similarly, Sweden's contract act just addresses selected topics in contract law leaving the rest to case law, rather than comprehensively addressing all facets of contract law as a civil code on the subject would.Christina Ramberg, "The Hidden Secrets Of Scandinavian Contract Law" Stockholm Institute of Scandinavian Law (2010) http://www.scandinavianlaw.se/pdf/50-15.pdf In other words, Swedish statutes are more similar in character to statutes in the United States and other Commonwealth nations than to the comprehensive civil codes that predominate in continental European civil law systems and similar systems in Asia and Latin America based upon the continental European civil law systems. Significant efforts have been made in the post-World War II era by Scandinavian Justice Ministers to harmonize the private law of the Nordic countries with each other.

Case law

Unlike other Continental civil law systems, in which case law is generally not binding authority even if it can inform a judge's decision, and much like the common law legal systems of the British Commonwealth and former British dependencies (of which Sweden is not a part), Sweden relies upon authoritative judge made case law as an important supplement to its statutes.

History

The law was unified by legislation of King Magnus Eriksson c. 1350 into two general codes. These were replaced by a single code, the

Civil Code of 1734 The Civil Code of 1734 (Swedish: ''1734 års lag''), was passed by the Swedish Riksdag of the Estates in 1734, and put in effect after it had been ratified by Frederick I of Sweden 23 January 1736. It became the foundation of the later civil code ...

, which was promulgated in 1734.Information Sources in Law. 1997. Only two of the nine codes that made up the Civil Code of 1734, however, are still in force. Parts of the Commercial Code and the Building Code are still in effect. Marriage is regulated in the Marriage Code of 1987; the Parental Code is from 1949; the Inheritance Code is from 1958; etc.Legislation Sweden https://www.lexadin.nl/wlg/legis/nofr/eur/lxwezwe.htm#Civil Law

References

*Jarbrant, Gunnel. In Winterton and Moys (eds). ''

Information Sources in Law ''Information Sources in Law'' is a book. First Edition The first edition was edited by R G Logan and published by Butterworths in 1986. It is part of the series which was then known as Butterworths Guides to Information Sources. It consists of ...

''. Second Edition. Bowker-Saur. 1997. Chapter Twenty-Seven: Sweden. Pages 463–75.

External links

Guide to Law Online: Sweden
from the

Library of Congress The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library is ...