the svea court of appeal in the early modern period 292 The judges of the Stockholm Town Court and other municipal government administrators played a key role in the drafting of the Commercial Section. The extent of their contributions is difficult to assess in detail, as this is the only section where preparatory materials are almost completely missing.845 The earliest drafts disappeared at the beginning of the eighteenth century. After the death of the draftsmen responsible for the task, their colleagues could not find the relevant manuscripts. The problems with the commercial section dragged down the entire law reform process, the progress of which was generally slow.846 However, it is generally assumed that the earliest surviving draft of 1718 was prepared by Stockholm councillor and future judicial burgomaster Peter Aulaevill (1677 –1767).847 According to the proposal, the debtor could receive partial discharge from future liability if his insolvency was caused by “accidents” (olyckor och wådelige händelser). As in the 1687 resolution, the benefit could only be given to a debtor who had been forced to cede the property by his creditors.848 The reports of the Svea and Göta Courts of Appeal on the 1718 proposal do not include any criticism or commentary on the relevant provisions.849 The likely explanation for this is the fact that both courts had been part of an increasingly centralized judicial system since the 1680s that applied bankruptcy legislation that was valid in all cases. In the Code of 1734, the benefit was also available for debtors applying for bankruptcy independently. The requirements of the benefit were laid down in greater detail. The debtor could receive partial discharge from future liability if he was able to prove that his insolvency was caused by shipwreck, the attack of a foreign enemy, fire or other accidents (Chapter on Commerce, 16:2 §). In such cases, future earnings and inherited assets were not available for execution by the old creditors. Although there is no explicit mention of the debtor’s duty to provide proof of the accidents in 845 Jägerskiöld, Stig 1967a p. 178. 846 See the proceedings of the Law Commission for sessions of 25 May 1706, Förarbetena till Sveriges rikes lag, vol. 2, ed. Sjögren, p. 264; 28 Nov. 1707, Förarbetena till Sveriges rikes lag, vol. 2, ed. Sjögren, p. 336; 11 June 1714, Förarbetena till Sveriges rikes lag, vol. 3, ed. Sjögren, pp. 156-157. 847 Jägerskiöld, Stig 1967b p. 337. On dating of the 1718 draft, seeFörarbetena till Sveriges rikes lag, vol. 5, ed. Sjögren, p. vi, and the proceedings of the Law Commission for the session of 11 June 1714, Förarbetena till Sveriges rikes lag, vol. 3, ed. Sjögren, pp. 156-157. 848 The law commission proposal for the Commercial Section 1718, XI:3, Förarbetena till Sveriges rikes lag, vol. 5, ed. Sjögren, p. 264; Jägerskiöld, Stig 1967b p. 337. 849 Förarbetena till Sveriges rikes lag, vol. 7, ed. Sjögren, pp. 313-333.
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