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The 1987 Swedish Family Law Reform

Published online by Cambridge University Press:  28 February 2019

Fariborz Nozari
Fariborz Nozari*
Affiliation:
European Law Division, Law Library, Library of Congress, Washington, D.C., U.S.A.
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Extract

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.

Type
Articles
Information
International Journal of Legal Information , Volume 17 , Issue 3 , Winter 1989 , pp. 219 - 232
Copyright
Copyright © 1989 by The Institute for International Legal Information 

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References

1. The new Marriage Code, Svensk Författningssamling (SFS 1987: 230), replaced the 1920 Marriage Code.Google Scholar

2. Statens Offentliga Utredningar (SOU 1972: 41) pp. 57–66.Google Scholar

3. SOU 1972: 41.Google Scholar

4. SFS 1973: 645.Google Scholar

5. Id. 1978: 845.Google Scholar

6. See Note 1.Google Scholar

7. See infra, p. 223.Google Scholar

8. SOU 1972: 41, pp. 137–139.Google Scholar

9. See Note 1, chapter 2.Google Scholar

10. Id. chapter 3.Google Scholar

11. Id. Chapter 4.Google Scholar

12. SOU 1972: 41, pp. 145–157.Google Scholar

13. See Note 1, chapter 5 on Divorce.Google Scholar

14. SOU 1972: 41, pp. 158–169.Google Scholar

15. See Note 1, chapter 6.Google Scholar

16. See supra, p. 220.Google Scholar

17. Rules describing marital property and marital home are stipulated in the Marriage Code, chapter 7.Google Scholar

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).Google Scholar

19. These rules are stipulated in chapter 9 of the Code.Google Scholar

20. The relevant provisions are prescribed in chapter 17 of the Code.Google Scholar

21. See Note 1, chapter 11.Google Scholar

22. See Note 1, chapter 12Google Scholar

23. Government Proposition 1986/87: 1, pp. 44–48 and 184-190.Google Scholar

24. See Note 1, chapter 13.Google Scholar

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).Google Scholar

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.Google Scholar

27. See supra, p. 219.Google Scholar

28. SOU 1972: 41, pp. 57–60.Google Scholar

29. Id. pp. 89–101 and 225-254.Google Scholar

30. Id. p. 41 and 243 ff.Google Scholar

31. SFS 1973: 651.Google Scholar

32. SOU 1972: 41, pp. 243 ff.Google Scholar

33. The Committee submitted its final report in 1981, see supra, p. 220.Google Scholar

34. SOU 1981: 85, p. 622.Google Scholar

35. SOU 1978: 55.Google Scholar

36. Id. 1981: 85, pp. 121–161.Google Scholar

37. See supra, pp. 224–225.Google Scholar

38. SOU 1981: 85, pp. 420–430.Google Scholar

39. Id. p. 205Google Scholar

40. Id. p. 206. The base amount changes, whenever a certain minimum changes occurs in the Consumers’ Price Index.Google Scholar

41. SFS 1987: 232.Google Scholar

42. See supra, p. 225.Google Scholar

43. SOU 1984: 63, p. 3.Google Scholar

44. Id. 29-31.Google Scholar

45. Id. 33-237.Google Scholar

46. Id. 273-274.Google Scholar

47. Id. 271-280.Google Scholar

48. SFS 1987: 610.Google Scholar

49. See supra, p. 229.Google Scholar

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).Google Scholar

51. Lagutskottets Betänkande (The Judiciary Committee of the Parliament), 1986/87: 28, pp. 1–9.Google Scholar

52. SFS 1987: 813.Google Scholar

53. SFS 1981: 359.Google Scholar

54. See supra, pp. 224–225.Google Scholar