Jonatan Schytzer

doctoral/PhD student at Department of Law, Doctoral Candidates

Email:
Jonatan.Schytzer[AT-sign]jur.uu.se
Telephone:
+4618-471 2212
Visiting address:
Trädgårdsgatan 1 och 20, Västra Ågatan 26

Postal address:
Box 512
751 20 UPPSALA

Short presentation

- Degree of Master of Laws -2015

- Lecturer, Law Programme, Term Course 2, Spring 2015

- Doctoral Candidate in Private law (The Arise of a Claim), August 2015-

Also available at

My courses

Biography

- Degree of Master of Laws -2015

- Lecturer, Law Programme, Term Course 2, Spring 2015

- Doctoral Candidate in Private Law (The Arise of a Claim), August 2015-

Research

The Arise of a Claim

My thesis explores a central concept in Swedish private law, namely the arise of a claim. The arise of a claim is bread and butter for several codes in insolvency law, company law and debtor-creditor law, where it often is decisive for the creditor’s possibilities to make their claim. The question is usually if a claim has arisen at a certain point in time. If some but not all of the facts that constitute the matured claim is at hand the question can be somewhat complicated. For example, the concept is used to determine whether a claim can be made at all in an insolvency proceeding, and to assess which claims an abatement of debts includes in a reorganization (which is a similar procedure to a chapter 11 proceeding in the U.S.). Moreover, the general statute of limitation commences when a claim arises. The arise of a claim is also used in a more general perspective to determine whether a claim is due. The concept is therefore of significant practical importance in Swedish private law.

One would assume that a concept of such great importance would be meticulously explored, especially since many of the codes mentioned above have been in place for a long time, but this is unfortunately not the case. (For example, the rule regarding limitation have essentially been the same since 1862.) The arise of a claim has got more attention lately in the Swedish Supreme Court, and the court has taken a slightly different path regarding this concept. The court has stated that the issue of when a claim arises will depend on the purposes of the code, which the rule featuring the concept is included in. Therefore a claim can arise on different points in time depending on which code is relevant in the specific case. This method has led to some problems, inter alia since it is seldom clear which the relevant purposes is. Another significant problem is how these new precedential cases should be understood in relation to preceding precedents; often the older precedents collide with the result of the method that the Swedish Supreme Court has laid out. This state of affairs has led to significant challenges for courts, practitioners and for me as a researcher.

To handle these challenges I have altered the focus of my research of the arise of a claim; instead of only focusing on the fragmented answers on what the law is (that is when a claim arises) I have chosen to focus on how the concept is used by the Swedish Supreme Court and in the literature. In these studies I have noted that in addition to the method used by the court, which I mentioned above, several other methods (or ways of reasoning) have been used by the court and in the literature. For example, I have identified reasoning that is based upon: the specific type of claim that is assessed, when a debtor is bound to a claim and arguments that emanates from the systematic of the specific code that the relevant rule is a part of. My idea is to present these ways of reasoning in a general part of my thesis, which enables me to portray the pluralism rather than hiding it. To convey a deeper level of understanding of what the ways of reasoning means to the reader I will also analyse the ways of reasoning with different types of language theory.

The idea is not to only conduct a discourse analysis, but rather to proceed by exploring what these ways of reasoning mean to when a claim arises. My plan is therefore to explore what these ways of reasoning mean to when a claim arises in relation to the codes mentioned above. In relation to some codes it might be possible to state something in general about when a claim arises.

Publications

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