Avgjørelsesformene i jordskifteprosessen - med vekt på lovrevisjonen av 1998 og noen utilsiktede virkninger

Abstract

In civil procedure the primary aim of the court is to settle lawsuits. In the land consolidation court procedure, by contrast, the main aim of the court concerns resolving indistinct boundaries and improving property structures. These differences have resulted in different forms of legal decisions in the two court systems. The article gives an overview of similarities and differences between the two procedures. Furthermore, the article presents an analysis of the legal decisions in the land consolidation courts with emphasis on the amendment of the Land Consolidation Act of 1998. By way of conclusion the article discusses some consequences of this amendment with a focus on the relationship between the three legal forms of regulating decisions, settling decisions and judgements. The appeal system is not examined specifically. However, some examples of the appeal system within the land consolidation court system are given to illustrate intentional and non-intentional effects of the 1998 amendment.