Äganderättspresumtionen i 4 kap. 19 § utsökningsbalken : familjerättsliga perspektiv
(2022)- Abstract
- According to the Swedish Enforcement Code a debtor is presumed to be the sole owner of movable property which is possessed jointly with a spouse or domestic partner. In my thesis, I investigate this statutory presumption of ownership from a family law perspective. The applicability of the statutory presumption as well as its legal repercussions are determined by family law. It is therefore surprising that research linking the statutory presumption to Swedish family law is scarce. In my research, I map the area where the statutory presumption intertwines with family law. Thereby, I contribute to the overview of the area.
In addition to the overview, my investigation into the statutory presumption provides an outside perspective on... (More) - According to the Swedish Enforcement Code a debtor is presumed to be the sole owner of movable property which is possessed jointly with a spouse or domestic partner. In my thesis, I investigate this statutory presumption of ownership from a family law perspective. The applicability of the statutory presumption as well as its legal repercussions are determined by family law. It is therefore surprising that research linking the statutory presumption to Swedish family law is scarce. In my research, I map the area where the statutory presumption intertwines with family law. Thereby, I contribute to the overview of the area.
In addition to the overview, my investigation into the statutory presumption provides an outside perspective on Swedish law applicable to spouses’ and domestic partners’ financial relations to each other. This area of law has in previous research mainly been studied from an inside perspective, with the Marriage Code and Cohabitees Act as the point of departure. In the thesis, I use the statutory presumption as a lens to study two different family law themes. Through this approach, I can reveal significant information of the legal content of marriages and domestic partnerships as well as of the legal perception of those institutions.
The first theme concerns the fact that the statutory presumption for the debtor’s sole ownership covers all movable property that spouses and domestic partners possess jointly. I inquire what the implications of the statutory presumption in this regard are to spouses’ and domestic partners’ individual legal subjectivity. The second theme concerns the fact that the statutory presumption is applicable to spouses and domestic partners on equal terms, whereas the Marriage Code and the Cohabitees Act provide for a clear differentiation between spouses and domestic partners. I inquire if the family law regulation and the statutory presumption of ownership build on different conceptions regarding the level of community in real marriages and domestic partnerships. (Less) - Abstract (Swedish)
- According to the Swedish Enforcement Code a debtor is presumed to be the sole owner of movable property which is possessed jointly with a spouse or domestic partner. In my thesis, I investigate this statutory presumption of ownership from a family law perspective. The applicability of the statutory presumption as well as its legal repercussions are determined by family law. It is therefore surprising that research linking the statutory presumption to Swedish family law is scarce. In my research, I map the area where the statutory presumption intertwines with family law. Thereby, I contribute to the overview of the area.
In addition to the overview, my investigation into the statutory presumption provides an outside perspective on... (More) - According to the Swedish Enforcement Code a debtor is presumed to be the sole owner of movable property which is possessed jointly with a spouse or domestic partner. In my thesis, I investigate this statutory presumption of ownership from a family law perspective. The applicability of the statutory presumption as well as its legal repercussions are determined by family law. It is therefore surprising that research linking the statutory presumption to Swedish family law is scarce. In my research, I map the area where the statutory presumption intertwines with family law. Thereby, I contribute to the overview of the area.
In addition to the overview, my investigation into the statutory presumption provides an outside perspective on Swedish law applicable to spouses’ and domestic partners’ financial relations to each other. This area of law has in previous research mainly been studied from an inside perspective, with the Marriage Code and Cohabitees Act as the point of departure. In the thesis, I use the statutory presumption as a lens to study two different family law themes. Through this approach, I can reveal significant information of the legal content of marriages and domestic partnerships as well as of the legal perception of those institutions.
The first theme concerns the fact that the statutory presumption for the debtor’s sole ownership covers all movable property that spouses and domestic partners possess jointly. I inquire what the implications of the statutory presumption in this regard are to spouses’ and domestic partners’ individual legal subjectivity. The second theme concerns the fact that the statutory presumption is applicable to spouses and domestic partners on equal terms, whereas the Marriage Code and the Cohabitees Act provide for a clear differentiation between spouses and domestic partners. I inquire if the family law regulation and the statutory presumption of ownership build on different conceptions regarding the level of community in real marriages and domestic partnerships. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/440e4731-6813-4b2b-a2d3-3b80e8b56ef8
- author
- Göransson, Marie LU
- supervisor
-
- Eva Ryrstedt LU
- Birgitta Nyström LU
- opponent
-
- Professor Brattström, Margareta, Department of Law, Uppsala University
- organization
- publishing date
- 2022
- type
- Thesis
- publication status
- published
- subject
- keywords
- Family law, Rights in rem, Familjerätt, Sakrätt
- pages
- 529 pages
- publisher
- Lund University (Media-Tryck)
- defense location
- Pufendorfsalen, Juridiska institutionen, Lilla Gråbrödersgatan 3C, Lund
- defense date
- 2022-04-22 13:15:00
- ISBN
- 978-91-986174-1-2
- language
- Swedish
- LU publication?
- yes
- id
- 440e4731-6813-4b2b-a2d3-3b80e8b56ef8
- date added to LUP
- 2022-03-28 11:25:09
- date last changed
- 2022-05-24 09:24:50
@phdthesis{440e4731-6813-4b2b-a2d3-3b80e8b56ef8,
abstract = {{According to the Swedish Enforcement Code a debtor is presumed to be the sole owner of movable property which is possessed jointly with a spouse or domestic partner. In my thesis, I investigate this statutory presumption of ownership from a family law perspective. The applicability of the statutory presumption as well as its legal repercussions are determined by family law. It is therefore surprising that research linking the statutory presumption to Swedish family law is scarce. In my research, I map the area where the statutory presumption intertwines with family law. Thereby, I contribute to the overview of the area.<br/><br/>In addition to the overview, my investigation into the statutory presumption provides an outside perspective on Swedish law applicable to spouses’ and domestic partners’ financial relations to each other. This area of law has in previous research mainly been studied from an inside perspective, with the Marriage Code and Cohabitees Act as the point of departure. In the thesis, I use the statutory presumption as a lens to study two different family law themes. Through this approach, I can reveal significant information of the legal content of marriages and domestic partnerships as well as of the legal perception of those institutions.<br/><br/>The first theme concerns the fact that the statutory presumption for the debtor’s sole ownership covers all movable property that spouses and domestic partners possess jointly. I inquire what the implications of the statutory presumption in this regard are to spouses’ and domestic partners’ individual legal subjectivity. The second theme concerns the fact that the statutory presumption is applicable to spouses and domestic partners on equal terms, whereas the Marriage Code and the Cohabitees Act provide for a clear differentiation between spouses and domestic partners. I inquire if the family law regulation and the statutory presumption of ownership build on different conceptions regarding the level of community in real marriages and domestic partnerships.}},
author = {{Göransson, Marie}},
isbn = {{978-91-986174-1-2}},
keywords = {{Family law; Rights in rem; Familjerätt; Sakrätt}},
language = {{swe}},
publisher = {{Lund University (Media-Tryck)}},
school = {{Lund University}},
title = {{Äganderättspresumtionen i 4 kap. 19 § utsökningsbalken : familjerättsliga perspektiv}},
year = {{2022}},
}