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Arvlåtares och bröstarvinges rättsliga ställning - En studie av laglotten utifrån normativa grundmönster

Graumann Walnestedt, Joanna (2008)
Department of Law
Abstract
This graduate thesis is about the lawful position of the deceased and the direct heir, concerning the lawful portion of the forced heir. The lawful portion is expressed in 1 § 7 Chap. ÄB and entitles the forced heir half of the deceased's estate. The lawful position of the deceased and the forced heir are interpreted through ''Normative Patterns''. The ''Normative Patterns'' that attract the judicial regulation in this thesis are: consanguinity, the right of disposal of the person and the social and economical connection. During its lifetime an individual has strong rights of disposal of his or her property, through testament or gift. After death, the lawful position of the deceased is changed into a weaker lawful position, in favour of... (More)
This graduate thesis is about the lawful position of the deceased and the direct heir, concerning the lawful portion of the forced heir. The lawful portion is expressed in 1 § 7 Chap. ÄB and entitles the forced heir half of the deceased's estate. The lawful position of the deceased and the forced heir are interpreted through ''Normative Patterns''. The ''Normative Patterns'' that attract the judicial regulation in this thesis are: consanguinity, the right of disposal of the person and the social and economical connection. During its lifetime an individual has strong rights of disposal of his or her property, through testament or gift. After death, the lawful position of the deceased is changed into a weaker lawful position, in favour of the forced heir, even though legal actions were made before death. The lawful portion protects the lawful position of the forced heir. The lawful position of the deceased depends upon the forced heir, who is the subject to protection according to the legislator. The legislator justifies the lawful position of the deceased through the strong freedom of testation. However, the legislator also wants to prevent the deceased to circumvent the law of succession. A justification for the lawful position of both the deceased and the heir is the kinship, or consanguinity, justice between heirs and the independence of the heirs towards the deceased. The legislator has also justified the forced heirs' lawful position in social and economical connection. Social and economical connection does not have the same influence on the legislation as it used to have, but it can still be perceived as a ''Normative Pattern'' that has affected the consanguinity. The lawful position of the forced heir towards the deceased is absolute concerning the lawful portion, but is not effectuated until after the death of the deceased. The explanation of these two lawful positions, consanguinity and social and economical connection, can be found in the theory of ''Normative Patterns''. By dividing the lawful portion, testament and gift into three different legal areas, it becomes clear which ''Normative Pattern'' that prevails in each legal area. The same pattern attracts the legislation concerning testament and gift, the right of disposal of the person, but for the lawful portion it is the consanguinity that attracts the legal regulation. By moving these three patterns into a greater field, the law of succession, one can identify the collision between the right of disposal of the person and the consanguinity. Between these two patterns, consanguinity attracts the legal legislation the strongest. (Less)
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author
Graumann Walnestedt, Joanna
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Familjerätt
language
Swedish
id
1557819
date added to LUP
2010-03-08 15:55:21
date last changed
2010-03-08 15:55:21
@misc{1557819,
  abstract     = {This graduate thesis is about the lawful position of the deceased and the direct heir, concerning the lawful portion of the forced heir. The lawful portion is expressed in 1 § 7 Chap. ÄB and entitles the forced heir half of the deceased's estate. The lawful position of the deceased and the forced heir are interpreted through ''Normative Patterns''. The ''Normative Patterns'' that attract the judicial regulation in this thesis are: consanguinity, the right of disposal of the person and the social and economical connection. During its lifetime an individual has strong rights of disposal of his or her property, through testament or gift. After death, the lawful position of the deceased is changed into a weaker lawful position, in favour of the forced heir, even though legal actions were made before death. The lawful portion protects the lawful position of the forced heir. The lawful position of the deceased depends upon the forced heir, who is the subject to protection according to the legislator. The legislator justifies the lawful position of the deceased through the strong freedom of testation. However, the legislator also wants to prevent the deceased to circumvent the law of succession. A justification for the lawful position of both the deceased and the heir is the kinship, or consanguinity, justice between heirs and the independence of the heirs towards the deceased. The legislator has also justified the forced heirs' lawful position in social and economical connection. Social and economical connection does not have the same influence on the legislation as it used to have, but it can still be perceived as a ''Normative Pattern'' that has affected the consanguinity. The lawful position of the forced heir towards the deceased is absolute concerning the lawful portion, but is not effectuated until after the death of the deceased. The explanation of these two lawful positions, consanguinity and social and economical connection, can be found in the theory of ''Normative Patterns''. By dividing the lawful portion, testament and gift into three different legal areas, it becomes clear which ''Normative Pattern'' that prevails in each legal area. The same pattern attracts the legislation concerning testament and gift, the right of disposal of the person, but for the lawful portion it is the consanguinity that attracts the legal regulation. By moving these three patterns into a greater field, the law of succession, one can identify the collision between the right of disposal of the person and the consanguinity. Between these two patterns, consanguinity attracts the legal legislation the strongest.},
  author       = {Graumann Walnestedt, Joanna},
  keyword      = {Familjerätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Arvlåtares och bröstarvinges rättsliga ställning - En studie av laglotten utifrån normativa grundmönster},
  year         = {2008},
}