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324
III. CONSTITUTION AND ADMINISTRATION.
then disposed of by public auction and the proceeds yielded thereby are distributed
among the creditors. If the property distrained is real in its nature, and not
personal, there is, as a rule, no possibility of selling it, unless the amount
obtained by such sale would be sufficient to cover all the claims upon the property
that have prior rights to that for the settlement of which the distraint has been
made, and would besides leave something at any rate over for the satisfying of
the said claim. If these conditions are not fulfilled, a compulsory administration
of the estate on behalf of the creditors may be proclaimed.
An executive authority can likewise carry out certain preliminary measures
calculated to render feasible the effecting of an execution later on. Of such
measures may be mentioned: sequestration, prohibition of dispersal of goods and
chattels, prohibition against a debtor leaving home.
For making a claim to payment effective there is another execution
method, viz. bankruptcy.
With respect to the property of any debtor, bankruptcy proceedings may be
instituted, either at the instance of the debtor or of one of his creditors. In
the latter case, unless the debtor has sanctioned the proceeding, it is obligatory
on the creditor in question to show proof that one or other of the acts of
bankruptcy, as laid down in the Bankruptcy Act, have been committed. A decree
of bankruptcy is pronounced by the court of law or in certain cases by a single
judge in the court.
The debtor’s property passes into the hands of trustees or of an official
receiver, upon whom it devolves to administer it for the creditors; they have to
choose and appoint the said trustees or receiver. The administration of the
estate is controlled by a supervisor attached to the court. The trustees or the
receiver likewise attend to the disposal of the estate, the assistance of the
executive authority, however, being often requisitioned.
Whenever exception is taken to any claim lodged in connection with a
bankruptcy winding up, the court undertakes to test its validity, unless terms of
agreement can be arranged.
When the assets in an estate have been realized and the money accruing has been
distributed, the adjudication of the bankruptcy takes place. The debtor’s liability,
however, for the claims on him remains, save in so far as they may have been satisfied.
If the conclusion takes the form of a composition, it is only necessary for the
debtor to discharge that. Composition with creditors apart from actual
bankruptcy is unknown to the law.
(Cf. Part II, Synopsis of Trade and Industrial Legislation, Private
Organizations.)
The administration of justice in Sweden enjoys a high reputation for
impartiality, accuracy and absence of formalism. The chief criticism to
be made against it is its dilatoriness.
An extensive reconstructive scheme is on foot as regards the
administration of justice. J. Hellner, låte member of the High Court of Justice, has
been commissioned by the Swedish Government to draw up a report, after
making necessary preliminary inquiries, as to the scope and character of
a suitable reform in the conduct of judicial proceedings. There are
already at hand similar reports respecting desirable recastings of the
procedure prevelent at present in liberty of press and bankruptcy cases.
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