vitesförordnande

Vitesförordnande, often translated as a penalty clause or penalty order, is a legal mechanism primarily found in Swedish law. It refers to an order issued by a court or authority that imposes a financial penalty on an individual or entity if they fail to comply with a specific obligation or order. The purpose of a vitesförordnande is to ensure compliance with legal requirements and court decisions.

This type of order is typically used when there is a risk that a party will not voluntarily fulfill their obligations. The potential penalty acts as a deterrent, encouraging adherence to the law or court's directive. Vitesförordnanden can be applied in various legal contexts, including administrative law, family law, and civil litigation. For example, a court might issue a vitesförordnande requiring a parent to allow access to a child, with a specified sum payable for each instance of non-compliance.

The amount of the penalty is determined by the issuing authority and is intended to be significant enough to influence behavior but not so excessive as to be considered punitive or unreasonable. The penalty is usually a fixed sum or calculated on a per-day or per-instance basis. If a violation occurs, the penalty is typically enforced by the authority that issued the original order. The funds collected from these penalties may be paid to the state or, in some cases, to the party who was wronged by the non-compliance.