Avtal om rätten till domstolsprövning. Processuella överenskommelsers giltighet i svensk rätt
Sammanfattning: One of the most fundamental rights in any democratic state is the right of access to court. Every individual shall have the right to bring legal disputes before a court, in a proceeding with specifically defined characteristics, a fair trial, and the state is responsible for supplying the conditions and prerequisites to carry out this dispute resolution process in a court of law. However, this right of access to court does not specify whether the parties also have the right to waive, voluntarily and with binding effect, the right of access to court and a fair trial. This is the question explored in this doctoral thesis. The purpose of this study is to examine and analyse the extent to which it is possible under Swedish law for private parties to agree, with binding effect, to waive access to court, either partially or fully. This investigation analyses situations in which contracts can be used to abstain from procedural rights. One aspect covered in this thesis is the waiving of the right to access to court in its entirety, and another is the waiving of some parts of this access. The investigation examines whether a previously concluded agreement is binding when it is referred to before a court, and the procedural legal effects that the contract produces between the parties and in relation to the court.
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