Aspectos generales de la política exterior sueca 1931-1936

By application from the persons taking part in the case, the judge or the court may take measures to provide for a claim. Providing for a claim is admissible at any stage of the case if the failure to take measures to provide for this claim may interfere with or may make impossible the execution of the decision of the court.

Article 140. Measures for Providing for a Claim

1. Seen as measures for providing for a claim may be:

1) putting under arrest the property belonging to the defendant and maintained by him or by the other persons;

2) prohibiting the defendant from performing certain actions;

3) prohibiting the other persons from performing certain actio ns concerning the object of the dispute, including the transfer of the property to the defendant or the discharge of the other liabilities in respect of it;

4) suspension of t he realization of the property, if a claim is filed for the release of the property from under arrest (for its exclusion from the inventory);

5) suspension of an exaction under an executive docume nt disputed by the defendant in court.

If necessary, the judge or the court may take other measures to provide for the claim, which shall meet the goals indicated in Article 139 of the present Code. The judge or the court may allow several measures aimed at providing for the claim.

2. If the prohibitions mentioned in Items 2 and 3 of the first part of the present Article are violated, the guilty persons shall be subject to a fine in an amount of up to ten minimum monthly wages, established by federal law. Additionally, the plaintiff has the right to demand from these persons through the court compensation for the losses, caused by the non-execution of the court ruling on providing for the claim.

presented by the plaintiff.

4. The judge or the court shall immediately inform of the measures for providing for the claim the corresponding state bodies or local self-government bodies, registering property or the rights to it, and of their restrictions (burdens), transfer and termination.

Article 141. Consideration of an Application for Providing for a Claim

An application for providing for a claim shall be considered on the day of its arrival to the court without notifying the defendant and the other persons taking part in the case. The judge or court shall issue a ruling on taking measures to provide for the claim.

Article 142. Execution of the Court Ruling on Providing for a Claim

1. The court ruling on providing for a claim shall be executed immed iately, in accordance with the procedure established for the execution of decisions of the court.

2. On the grounds of the court ruling on providing for a claim, the ju dge or the court shall issue to the plaintiff a writ of execution and shall forward to the defendant the corresponding copy of the court ruling.

Article 143. Replacement of Certain Measures for Providing for a Claim with Other Measures for Providing for the Claim

1. By application from a person taking part in the case shall be allowed the replacement of some measures for providing for a claim with other measures for providing for the claim in accordance with the procedure established in Article 141 of the present Code.

2. If the provision concerns a claim for an exaction of a sum of money, th e defendant has the right to enter onto the account of the court the sum claimed by the plaintiff in replacement for the measures taken by the court to provide for the claim.

Article 144. Cancellation of the Provision for a Claim

1. The security of a suit may be repealed by the same judge or court upon application of the persons participating in the case or by the initiative of the judge or court.

2. The issue of the cancellation of the provision for a claim shall be resolved in a court session. The persons taking part in the case shall be notified of the time and the place of the court session, but their failure to appear shall not be seen as an obstacle to the consideration of the question of cancelling the provision for the claim.

3. In cases of the refusal from the claim, the a dopted measures for the provision for the claim shall be retained until the decision of the court enters into legal force. However, the judge or the court may issue a court ruling on cancelling the measures for providing for the claim simultaneously with the adoption of the court decision or after it is adopted.

4. The judge or the court shall immediately inform of the cancellat ion of measures for providing for the claim the corresponding state bodies or local self-government bodies registering the property or the rights to it, as well as their restrictions (burdenings), transfer and termination.

Article 145. Appeals Against Court Rulings on the Provision for a Claim

1. A special complaint may be filed against all the court rulings on the provision for a claim.

2. If the court ruling on the provision for a claim was issued without notifying the person who has filed the appeal, the time term for filing an appeal shall be counted as from the day on which such person became aware of this ruling.

suspend the execution of this ruling. Filing a special complaint against the court ruling on the cancellation of the provision for a claim or on the replacement of certain measures aimed at the provision for a claim, with other measures for the provision for the claim shall suspend the execution of the court ruling.

Article 146. Recompense to the Defendant of the Losses Caused by the Provision for a Claim

The judge or the court, while allowing the provision for a claim, may demand from the plaintiff that he provide for the defendant's probable losses. After the court decision which has rejected the claim enters into legal force, the defendant has the right to present a claim against the plaintiff for the recompense of the losses caused to him by the measures for the provision for the claim taken at the plaintiff's request.

Chapter 14. Preparing a Case for Judicial Proceedings