Att leva som sambo : En civilrättslig studie av det rättsliga skyddet för sambor och om det är i takt med sin tid

Detta är en avhandling från Uppsala : Iustus förlag

Sammanfattning: During the past few decades, unmarried cohabitation has become an increasinglycommon and increasingly socially acceptable form of cohabitation. But is the legalprotection for cohabitants in pace with its time? Does the legal protection correspondto different cohabitants’ needs, and wishes, for economic legal protection incases where the cohabitation is dissolved? The aim of the thesis is to examine thesequestions.The Swedish Cohabitees Act provides basic protection for all couples classifiedas cohabitants under the Act. However, the protection provided by the Act is complementedby the general laws of property. In addition, cohabitants have the opportunityto expand the legal protection for each other by, for example, entering intocontracts, drawing up wills, or taking out a life insurance which stipulates the othercohabitant as beneficiary. Different laws, principles and agreements can, thus, be ofsignificance for how the economic situation turns out for each of the cohabitants incases where the cohabitation is dissolved.The thesis contains a comprehensive empirical study that was carried out in 2010in cooperation with Statistics Sweden (SCB). The study includes questions such as:What is the knowledge and opinion of the general public in relation to the legalprotection for cohabitants? How do cohabitants consider their relationship and howextensive is their economic partnership? Do cohabitants extend the legal protectionfor each other on their own and how do they perceive the issue of marriage? In thethesis, the results of the study are considered against the legal protection that affects– or can affect – cohabitants in cases where the cohabitation is dissolved.Overall, the empirical study shows that there is a gap between the law and theneeds of cohabitants, due to the extent of cohabitants’ social and economic partnership,but also due to the fact that cohabitants rarely extend the legal protection foreach other on their own – even though many cohabitants have needs, and wishes, forextended legal protection in cases where the cohabitation is dissolved by separationor death. In the final chapter various solutions for making the existing legal protectionfor cohabitants more in pace with its time are discussed.

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