Efterlevandeskydd för sambor - En redogörelse för signifikativa skillnader och likheter mellan regleringen i Sverige, Danmark och Norge.

Sammanfattning: In Sweden there has been a longstanding debate in regards to the legal provisions for surviving cohabitants. The question gained attention in particular after the sudden passing of the famous swedish author, Stieg Larsson, and the following legal dispute. In spite of the public attention and public enquiries no significant changes to the Swedish legislation has been undertaken. In the meanwhile both Denmark and Norway, neighboring countries with otherwise similar regulations, have made significant legislative changes. The dissertation describes what the legal provisions for surviving cohabitants looks like in these three countries, and thus attempts to form a basis from which key differences and similarities can be identified and discussed. To form this basis and enable a deeper and more meaningful understanding of the regulations, current law, the legislator’s motives and the criticism directed at the regulation is highlighted. Firstly the findig can be made that the regulations outwardly seem to vary greatly; the Swedish regulation with possibilities for the surviving cohabitee to acquire the cohabitants common property, the Danish with possibilities for certain cohabitants to inherit each other as they were spouses, and the Norweigian with legal succession rights for some cohabitants. However, what can be identified, partly based on the regulation itself and partly on how it has been justified and criticized, are some significant points on which the regulations seem to meet, and some on which the differences are underlined. One key similarity between all countries is the advanced role as a benchmark that is given to the legal provisions for surviving spouses. In both the motives for and in the criticism directed at the regulation many considerations are made on the basis of the differences and similarities between the cohabitants in question and spouses. Another similarity between the different countries that is highlighted is the advanced role that is given to the preparation of ordinary wills. A crucial difference between the regulations, not least in regards to Norway and Denmark, is the role that the legislature considers the legislation in the matter to be given. In Norway the protection has been formed based on an idea that the legal effects of the law, if no will is prepared, should reflect the majority's preference, while in Denmark the importance of a civil law free from unwanted legal effects for the individual is emphasized.