RS 26

the svea court of appeal in the early modern period 418 international reception and Swedish heritage and of Roman concepts and provisions with Swedish law and practice. The privileges granted to Gothenburg in 1607 and 1621, on the other hand, were results of negotiations between Dutch merchants and the Swedish crown. The privileges were debtor-friendly, “tailored to attract foreign merchants to Sweden.” The international merchants brought commercial conflicts into the Swedish jurisdictions. There was an embedded competition on jurisdiction in commercial legal conflicts. Should the commercial conflicts be decided by the town courts, the Court of Appeal, or by the Board of Commerce (kommerskollegium): Suum cuique tribuere? Should the commercial legal conflicts be decided by judicial or commercial expertise, by common courts or commercial courts? In many European countries, such conflicts were resolved in commercial courts, but in Sweden the courts of appeal became the winner in this jurisdictional struggle. The prestigious Court of Appeal became irritated if other jurisdictions wanted to compete with its jurisdiction. “Multiplicatio jurisdictionumär ett pabulum confusionis”, too many jurisdictions create confusion, was a frequent argument from the court when its jurisdiction was threatened.1181 Sallila underlines the very important intellectual as well as commercial relationship between Sweden and the young republic of The Netherlands. The Over-Governor of Stockholm, Schering Rosenhane (1609 – 1663), was one of the admirers of Dutch commercial society and a supporter of increased interaction with Dutch elites.1182 He identified the necessity of legal reforms within commercial law using Dutch models. The establishment of an auction house in Stockholm in 1674 to offer the opportunity to combat problems in how to pay debts in natura also had Dutch models.1183 In the work with the commercial legal reform in the 1660 – 70s, Dutch lawyers were called upon with the Maritime Law (sjölagen) adopted in 1667.1184 The vulnerable legal policy conflict between Svea Court of Appeal and the Board of Commerce regarding the jurisdiction in commercial law cases has to be seen in this context. Sallila concludes with the important remark that “[i]f the attempts at establishing a special com1181 Jägerskiöld, Stig 1964 p. 230. 1182 Modéer, Kjell Å. 2014 pp. 69 ff. 1183 On book auctions, see Modéer, Kjell Å. 1984 pp. 141 ff. 1184 Modéer, Kjell Å. 1984 pp. 130 ff.

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