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Bodelning och bostad: ekonomisk självständighet eller gemenskap

Ryrstedt, Eva LU (1999)
Abstract (Swedish)
Popular Abstract in Swedish

Maken, partnern eller sambon är en individ och samtidigt del av en gemenskap. Konflikten mellan dessa olika roller har givit upphov till ett heterogent system av rättsnormer. I boken beskrivs den fasta egendomens och den gemensamma bostadens behandling och därmed sammanhängande regler, både under äktenskapet, partnerskapet eller samboförhållandet och vid dessa relationers upplösning.



Boken belyser också äktenskapets, partnerskapets och samboförhållandets normativa struktur. Detta sker genom en kartläggning av normativa grundmönster - gemenskap respektive individualitet eller ekonomisk självständighet - som kommer till uttryck i den rättsliga regleringen.
Abstract
This dissertation gives a description of the regulation of marriage, registered partnership and cohabitation - emphazising the joint dwelling - in the perspective of two basic normative patterns, on one side community and on the other financial independence/individual ownership, trying to explain the differences and similarities between the regulations. The content of the legal regulation is, furthermore, set in relation to the question whether marriage and cohabitation are best characterised as status or contractual relationships. The idea of marriage as a lifelong union for the common good stands in opposition to the view on marriage as a terminable contract. Marriage as a status relationship builds on the idea of community. The basic... (More)
This dissertation gives a description of the regulation of marriage, registered partnership and cohabitation - emphazising the joint dwelling - in the perspective of two basic normative patterns, on one side community and on the other financial independence/individual ownership, trying to explain the differences and similarities between the regulations. The content of the legal regulation is, furthermore, set in relation to the question whether marriage and cohabitation are best characterised as status or contractual relationships. The idea of marriage as a lifelong union for the common good stands in opposition to the view on marriage as a terminable contract. Marriage as a status relationship builds on the idea of community. The basic normative pattern of community stands, however, in conflict with the basic normative pattern of individual ownership and financial independence, which is also at work in the field of family law. The tension between these different normative poles surfaces constantly in the law of marriage, and now even in the law governing registered partnership. The concept of cohabitation - whether heterosexual or homosexual - does not, contrary to marriage, include an expectation that the relationship should be life-long. The idea of a community exists nevertheless also in a cohabitation relationship and conflicts with the pattern of financial indepence and indvidual ownership. As in the case for spouses, the levelling of community property for cohabitees serves several purposes: economic justice, protecion of the weaker party and the ambition to achieve economic equality between men and women. (Less)
Please use this url to cite or link to this publication:
author
opponent
  • Assistant Professor Lindell-Frantz, Eva, Departement of Business Law
organization
publishing date
type
Thesis
publication status
published
subject
keywords
individual ownership, marriage, cohabitation, individuality, registered partnership, division of property, normative patterns, joint dwelling, financial independence, community, civil law, civilrätt, private law
pages
460 pages
publisher
Juristförlaget i Lund
defense location
Carolinasalen, Kungshuset, Lundagård, i Lund
defense date
1999-02-13 10:15
external identifiers
  • other:ISRN: LUJUDV/JUCI--99/1001--SE 460
ISBN
91-544-2411-9
language
Swedish
LU publication?
yes
id
431ee871-430a-4466-b45a-5832e64fc34e (old id 19031)
date added to LUP
2007-05-24 14:30:24
date last changed
2016-09-19 08:45:12
@phdthesis{431ee871-430a-4466-b45a-5832e64fc34e,
  abstract     = {This dissertation gives a description of the regulation of marriage, registered partnership and cohabitation - emphazising the joint dwelling - in the perspective of two basic normative patterns, on one side community and on the other financial independence/individual ownership, trying to explain the differences and similarities between the regulations. The content of the legal regulation is, furthermore, set in relation to the question whether marriage and cohabitation are best characterised as status or contractual relationships. The idea of marriage as a lifelong union for the common good stands in opposition to the view on marriage as a terminable contract. Marriage as a status relationship builds on the idea of community. The basic normative pattern of community stands, however, in conflict with the basic normative pattern of individual ownership and financial independence, which is also at work in the field of family law. The tension between these different normative poles surfaces constantly in the law of marriage, and now even in the law governing registered partnership. The concept of cohabitation - whether heterosexual or homosexual - does not, contrary to marriage, include an expectation that the relationship should be life-long. The idea of a community exists nevertheless also in a cohabitation relationship and conflicts with the pattern of financial indepence and indvidual ownership. As in the case for spouses, the levelling of community property for cohabitees serves several purposes: economic justice, protecion of the weaker party and the ambition to achieve economic equality between men and women.},
  author       = {Ryrstedt, Eva},
  isbn         = {91-544-2411-9},
  keyword      = {individual ownership,marriage,cohabitation,individuality,registered partnership,division of property,normative patterns,joint dwelling,financial independence,community,civil law,civilrätt,private law},
  language     = {swe},
  pages        = {460},
  publisher    = {Juristförlaget i Lund},
  school       = {Lund University},
  title        = {Bodelning och bostad: ekonomisk självständighet eller gemenskap},
  year         = {1999},
}