entangled in insolvency – jussi sallila 263 n his works concerning theadoption of foreign law in seven- Iteenth-century Sweden, Stig Jägerskiöld paid a great deal of attention to the Commercial Section of the Swedish Code of the Realm of 1734, which regulated not only commercial law in the strict sense, but also matters of general private law, such as contracts of sale and the general law of obligations.711 As the preparation of the code began in 1686, in many aspects its contents originated in seventeenth-century court practice – particularly in the case law of the Svea Court of Appeal.712 The importance of foreign influences was particularly great in the field of bankruptcy. As Jägerskiöld pointed out, the indigenous Swedish law “had no workable rules on bankruptcy.” Therefore, the judges of the Svea Court of Appeal sought guidance from theCorpus Iuris Civilis and European Roman law scholarship.713 Jägerskiöld’s arguments concerning bankruptcy are particularly interesting because he discerned a difference of opinion between the Town Court of Stockholm and the Svea Court of Appeal in bankruptcy cases during the 1670s. The difference concerned the effect of voluntary bankruptcy on the future liability of the debtor. According to Jägerskiöld, the town court of Stockholm seems to have adopted a line of interpretation based on the idea of a “fresh start” in bankruptcy. In cases where the debtor’s insolvency was caused by economic adversity beyond his control, it was sensible to provide an opportunity for a new beginning. When the debtor was discharged from liability for his old debts, it was possible for him to restore his credit. Some judges in the Court of Appeal shared this view, but they were a minority. According to the interpretation of the majority, the liability of the debtor could only be limited in cases where the insolvency was caused by a “notable accident” such as fire. The majority 711 Jägerskiöld, Stig 1967b. 712 Jägerskiöld, Stig 1963 pp. 125-127. 713 Jägerskiöld, Stig 1967a p. 201. Introduction
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