Thread: i found spruce
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Old 16th June 2019, 08:24 PM   #448885  /  #48
Carlsson
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Read my posts with the following stupid accent: Sweden
MSG,

In Sweden its the prosecuter that is in charge of the investigation. A prosecutor is only involved when a crime has been commited. The judge has a strict responsibility to rule as the law is to be interpreted.

"Crime law" should not be confused with what I think is called "civil law", this is where most contract disputes are handled, and also disputes of damages caused by reckless behavior that isn't criminal.

Within "civil law" one has to differentiate between where there is "contractual freedom" and where there isn't "contractual freedom". If there is contractual freedom two parties can agree on whatever terms they see fit and also, if a dispute were to arise, solve it in a way that wouldn't be in line with the law.

A judge deciding in a case regarding a subject that falls within contractual freedom CANNOT USE HIS OWN KNOWLEDGE ON THE SUBJECT MATTER. For instance, a judge in a case regarding wether a company has made a bathroom according to the deal with the customer can solve the problem partly by looking at field specific guidelines, IF THE GYUDELINES IS PRESENTED AS EVIDENCE.

Say that the guidelines is presented as evidence and the judge makes a ruling. The same judge later gets another dispute regarding the same subject BUT THE GUIDELINES ARE NOT PRESENTED AS EVIDENCE. In the later case the judge has to do everything in his power to forget what he knows about them, he cannot base his ruling on them.


This I think explains the judge duty in civil law, he is the decider but the parties creates the frame within where the judge can operate.


Then there is a small section of civil law where there is a need to enforce the correct ruling of the law, and "contractual freedom" doesn't exist. For instance family law, employee safety and rights.
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