Over the last 50 years the number of cohabiting couples in Sweden has increased gradually. Many of these couples are not aware of the legal scope of the Cohabitants Act and, unfortunately, many believe that the protection for the surviving partner is the same as for surviving spouse. That fact is that the enforcement protection for cohabiting couples and spouses differ significantly. This misconception consequently leads to that many couples do not prepare any financial protection for each other in case of one of them dies. The status of cohabitants has been under discussion for several decades, and it has been considered that the protection for the surviving partner is not enough. The purpose of this study is to examine the enforcement protection for cohabitants and also how it can be modified to meet the need for increased protection. During the process of this paper it has become apparent that the enforcement protection is inadequate and hence need to be reviewed. The best solution would be to introduce the civil rights of inheritance to cohabitants. It would lead to enforcement protection occurring without cohabitants need to take actions themselves. This benefits in particular, the proposition of cohabiting couples who are not aware of the content of the Cohabitation Act. An alternative to succession is to abolish the statutory share of inheritance of the direct heirs. Thus cohabitants may protect each other by bequeathing the entire estate to their partner. Finally, an increase of the base amount or extension of the concept of joint property in the Cohabitants Act, may improve the protection for surviving cohabitants. As the numbers of cohabiting couples has increase, in my opinion, it is a matter of course that the law fallows development of society through the extension of protection for the surviving spouse.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:hj-15136 |
| Date | January 2011 |
| Creators | Duman, Nahrin |
| Publisher | Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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