The European Court of Human Rights (the Court) has become known as one of the most efficient international courts. Despite its efficiency, the Court struggles with an increasingly high case load. Because of the pressure put on the Court, the member states have been encouraged to improve their national remedies, making sure that violations of human rights can be seen to at a national level in accord- ance with the principle of subsidiarity. In other words, the member states need to improve the implementation of article 13, which states the right to efficient remedies. A remedy is a multi-faceted expression, including both administrative proceed- ings as well as traditional court proceedings. The word remedy includes both the procedure as such as well as sanctions. In the caselaw of the European Court, compensation awarded by the member states to a victim of a violation of a con- vention based right has been considered an efficient remedy in accordance with article 13. In April 2018, the Swedish tort law received an additional paragraph stating that tort should be awarded those who been damaged because of a violation of a right based in the European Convention. Compensation in accordance with that law can be awarded by Swedish courts and the Chancellor of Justice. This thesis aims to find whether the compensational procedure of violations of the European Conventions in the Swedish system is an efficient compensatory remedy in accordance with article 13.

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The purpose of this degree project was to examine which remedies are available to individuals when the State has violated their right to a fair trial as stated in article 6 in the European Convention on Human Rights. Furthermore, the aim was to, in cases where the remedy is determined to money, to clarify the indemnity rates that apply in determining the non-pecuniary damages. The starting point was a review of the European Court practice, domestic Swedish practice and relevant literature. The outcome of the review is that the remedies available to the individual’s disposal can be divided into two categories: primary and secondary remedies. Primary remedies mean compensation not consisting of money, and must be exhausted first. If the primary remedies are inadequate to compensate for the breach of the European Convention, a secondary remedy may be realised, i.e. pecuniary compensation. The primary remedies may include any legal measure, as long as it complies with the national traditions of the country and do not contradict the principle of legality. As for the non-pecuniary damage levels, it was found that the so-called Tariffs stated in the Zullo-case are not binding, but offer some guidance to be found from its flat rate. Each Convention State may decide upon the amount that it considers to be appropriate compensation for the Convention violations, as long as the levels are not significantly lower than what the European Court would decide.

This study focuses on the discretionary inter vivos trust. It specifically investigates what the discretion of a trustee comprises and in which circumstances (if any) the court may amend the trustee‟s discretion as stipulated in the deed of trust. In order to make any meaningful conclusions, the different types of trusts, and more specific the way in which trusts are classified, needs to be researched. An inter vivos trust is classified as a contract for the sake of a third. Consequently contract law rules are applied in the interpretation and amendment of an inter vivos trust. The source, goal and tenor of a trustee‟s discretion, as well as the circumstances wherein this discretion may be amended, are investigated. The general rule is that courts have no discretion to amend a trust, but there is an exception to the rule. In accordance with article 13 of the Trust Property Control Act 57 of 1988 courts do have the power to amend or cancel the deed of trust in certain circumstances. In Potgieter and Another v Potgieter NO and Others 2012 (1) SA 637 (HHA) the court ruled that the power granted by article 13 does not enable judges to create law by amendment of the deed of trust according to their subjective interpretation of what is fair and just. The facts of the Potgieter case serve as problem statement for this study by focusing on the problems and unjust consequences of the strict application of contract law rules on a trust when the court does not take the changing circumstances of the trust founder into account. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014

This study focuses on the discretionary inter vivos trust. It specifically investigates what the discretion of a trustee comprises and in which circumstances (if any) the court may amend the trustee‟s discretion as stipulated in the deed of trust. In order to make any meaningful conclusions, the different types of trusts, and more specific the way in which trusts are classified, needs to be researched. An inter vivos trust is classified as a contract for the sake of a third. Consequently contract law rules are applied in the interpretation and amendment of an inter vivos trust. The source, goal and tenor of a trustee‟s discretion, as well as the circumstances wherein this discretion may be amended, are investigated. The general rule is that courts have no discretion to amend a trust, but there is an exception to the rule. In accordance with article 13 of the Trust Property Control Act 57 of 1988 courts do have the power to amend or cancel the deed of trust in certain circumstances. In Potgieter and Another v Potgieter NO and Others 2012 (1) SA 637 (HHA) the court ruled that the power granted by article 13 does not enable judges to create law by amendment of the deed of trust according to their subjective interpretation of what is fair and just. The facts of the Potgieter case serve as problem statement for this study by focusing on the problems and unjust consequences of the strict application of contract law rules on a trust when the court does not take the changing circumstances of the trust founder into account. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014