The 1987 Swedish Family Law Reform
Abstract
A major family law reform was implemented in Sweden during 1987. A new marriage code was enacted. Certain limited rights were granted to cohabitants. A special law protecting the right of homosexual cohabitants was adopted. And consequently, the Inheritance Code and a number of other laws had to be amended to meet the requirement of the above mentioned legislation.
- 1.
The new Marriage Code, Svensk Författningssamling (SFS 1987: 230), replaced the 1920 Marriage Code.
- 2.
Statens Offentliga Utredningar (SOU 1972: 41) pp. 57–66.
- 3.
SOU 1972: 41.
- 4.
SFS 1973: 645.
- 5.
Id. 1978: 845.
- 6.
See Note 1.
- 7.
See infra, p. 223.
- 8.
SOU 1972: 41, pp. 137–139.
- 9.
See Note 1, chapter 2.
- 10.
Id. chapter 3.
- 11.
Id. Chapter 4.
- 12.
SOU 1972: 41, pp. 145–157.
- 13.
See Note 1, chapter 5 on Divorce.
- 14.
SOU 1972: 41, pp. 158–169.
- 15.
See Note 1, chapter 6.
- 16.
See supra, p. 220.
- 17.
Rules describing marital property and marital home are stipulated in the Marriage Code, chapter 7.
- 18.
See infra, p. 225. Note that the rules governing the right to marital home are likewise applicable to a marriage that was in effect before 1921. However, the right to the marital home is granted only to the surviving spouse, if the marriage is dissolved by death. (Law on Promulgation of the Marriage Code, SFS 1987: 788).
- 19.
These rules are stipulated in chapter 9 of the Code.
- 20.
The relevant provisions are prescribed in chapter 17 of the Code.
- 21.
See Note 1, chapter 11.
- 22.
See Note 1, chapter 12
- 23.
Government Proposition 1986/87: 1, pp. 44–48 and 184-190.
- 24.
See Note 1, chapter 13.
- 25.
A study of family relations in the nothern parts of Sweden in the period between the two world wars, indicates that a large number of children were born out of wedlock. The parents of these children lived together almost their entire adult life (Löfgren, U. Familj och Hushåll-Slåkt och Äktenskap, Lund, 1972).
- 26.
Note that the rules governing the custody of children are stipulated in the Parent and Children Code. In principle, the custody of a child born out of wedlock is entrusted to the mother. However, in connection with an amendment which was made to the family law in 1974, the father of a child born out of wedlock may upon the court's decision be entrusted with the custody, if it is deemed to be in the child's best interest. By a mutual agreement, both parents can have joint custody.
- 27.
See supra, p. 219.
- 28.
SOU 1972: 41, pp. 57–60.
- 29.
Id. pp. 89–101 and 225-254.
- 30.
Id. p. 41 and 243 ff.
- 31.
SFS 1973: 651.
- 32.
SOU 1972: 41, pp. 243 ff.
- 33.
The Committee submitted its final report in 1981, see supra, p. 220.
- 34.
SOU 1981: 85, p. 622.
- 35.
SOU 1978: 55.
- 36.
Id. 1981: 85, pp. 121–161.
- 37.
See supra, pp. 224–225.
- 38.
SOU 1981: 85, pp. 420–430.
- 39.
Id. p. 205
- 40.
Id. p. 206. The base amount changes, whenever a certain minimum changes occurs in the Consumers’ Price Index.
- 41.
SFS 1987: 232.
- 42.
See supra, p. 225.
- 43.
SOU 1984: 63, p. 3.
- 44.
Id. 29-31.
- 45.
Id. 33-237.
- 46.
Id. 273-274.
- 47.
Id. 271-280.
- 48.
SFS 1987: 610.
- 49.
See supra, p. 229.
- 50.
Some members of the Commission were of the opinion that homosexuals should be able to enter into a legal marriage and be entitled to adopt children. The Commission, however, decided against such measures. The Commission said that present-day value judgments with regard to marriage are so firmly rooted that it is hardly possible to speak of marriage between two individuals of the same sex. (SOU 1984; 63, p. 275).
- 51.
Lagutskottets Betänkande (The Judiciary Committee of the Parliament), 1986/87: 28, pp. 1–9.
- 52.
SFS 1987: 813.
- 53.
SFS 1981: 359.
- 54.
See supra, pp. 224–225.
Copyright © 1989 by The Institute for International Legal Information
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- Front matter
- JLI volume 17 issue 3 Cover and Front matter
- Back matter
- JLI volume 17 issue 3 Cover and Back matter
Articles in the same Issue
- Articles
- The 1987 Swedish Family Law Reform
- Bibliographies
- Bibliography of Books and Articles on International Commercial Arbitration
- Notes and Comments
- The IALL 30th Anniversary and the IALL Special Program in Paris, France, August 24, 1989, at the IFLA Conference
- Periodical Reviews
- New Periodicals
- International Documentation
- International Conventions on the Status of Women
- Women's Agenda Item at the 44th UN General Assembly
- Book Review Essay
- Law in Multicultural Societies. Proceedings of the Iall Meeting, Jerusalem, July 21-26, 1985.
- The International Bookshelf
- Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World
- MIGA and Foreign Investment: Origins, Operations, Policies, and Basic Documents of the Multilateral Investment Guarantee Agency.
- Justice and Efficiency: General Reports and Discussions
- International Civil Litigation in United States Courts: Commentary and Materials
- Drugs and Punishment: An Up-to-Date Interregional Survey on Drug-related Offenses
- International Handbook on Contracts of Employment
- Index to Legal Books
- The Warsaw Convention Annotated; A Legal Handbook
- The New GATT Round of Multilateral Trade Negotiations: Legal and Economic Problems
- Litigating in Spain; Considerations for Foreign Practitioners, Including International Judicial Assistance, Enforcement of Foreign Judgments, Bankruptcy, Arbitration and Other Civil Proceedings
- Knowledge Based Systems in Law; In Search of Methodologies and Tools
- Hague Yearbook of International Law/Annuaire de la Haye de droit international
- Uruguay Round: A Handbook on the Multilateral Trade Negotiations
- Principles of a New Economic Order: A Study of International Law in the Making
- Legal and Contractual Limitations to Working-Time in the European Community Member States
- Information and Referral in Reference Services
- Yearbook Maritime Law. Vol. II: 1985-86, and Vol. III: 1986-87
- Annotated Take-overs Code
- International Law and Development
- Bibliographie juristischer Festschriften und Festschriftenbeiträge: Deutschland, Schweiz, Österreich/Bibliography of Legal Festschriften—Titles and Contents: Germany, Switzerland, Austria
- Prospects for International Lending and Reschedulings
- Legal Responses to International Terrorism: U.S. Procedural Aspects
- Searching The Law: The States
- Andrew D. White in Deutschland. Der Vertreter der USA in Berlin, 1879-1881 und 1897-1902. Andrew D. White in Germany. The Representative of the United States in Berlin, 1879-1881, 1897-1902
- Comparative Tax Systems: Europe, Canada, and Japan
- Judicial Review in Comparative Law
- Transnational Corporations: A Selective Bibliography, 1983-1987
- Miscellaneous
- Books Received and Noted*
- Front matter
- JLI volume 17 issue 3 Cover and Front matter
- Back matter
- JLI volume 17 issue 3 Cover and Back matter
