RB 64

c o n t i n u i t y a n d c o n t r ac t 249 than on any other point, and that legislation was impracticable. A satisfactory result in the field in question could only be reached after further investigation and in connection with the reform of the 1833 Statute on Hired Servants. On the other hand, the situation was considerably more favourable regarding legislation on collective agreements, among other reasons, in the light of the fact that the Swedish Supreme Court in1915had recognised the legal force of collective agreements and that the experiences from the previous legislation projects contributed with knowledge about the current legal understanding of the matter.501 The committe to be certain found it highly desirable that industrial actions could be completely prohibited in disputes between employers and employees. However, this was at present unthinkable taking into account the views that existed within the labour market organisations.Therefore, the committee primarily proposed a prohibition against industrial actions regarding legal disputes arising from collective agreements.This required a special labour court with the same composition as in the proposals from1910 and1911. Now, the Social Democrat and chairman of the SwedishTrades Union Confederation, Herman Lindqvist, assumed a position in principle in favour of mandatory arbitration in legal disputes, which he felt should not be solved in open power struggles.502 Once again, the attempted legislation reflected an ambition to adapt the law to established customs. In its directive, the government had stated that legislation would try to more precisely define to what point development had reached. By summing up the rules that had already developed and gained recognition in practical life, one could create such forms and such contents for the law that a firm foundation would be laid for further development.The committee pointed out that the legal concepts were still being developed, which was seen to be completely natural 501 Underdånigt utlåtande …1916, pp. 11-12. 502 Underdånigt utlåtande …1916, pp. 60-61, 63;Westerståhl 1945, pp. 347, 461.

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