Normativa grundmönster och laglotten

Sammanfattning: The statutory share of inheritance in Swedish Law gives a direct heir the right to retain half of the estate in heritage. The other half is the deceased allowed to dispose through a will. The statutory share of inheritance has been under criticism for a long time and up for debate in both media and parliament. The purpose of this essay is to examine how social norms and values influence legislation. The parts of statutory share of inheritance I will focus on are ownership and equal inheritance rights for direct heirs. The essay will focus on Sweden from the Middle Ages to the end of the 1900s. In the essay I´m using professor Anna Christensen’s theory on normative patterns, the theory describes how social norms and values of the community participate and influence the development of law. The normative patterns used in the survey are Protection of established position, The market functional pattern and Just distribution. Depending on the leading norms and values in society, the patterns will influence the development of law to different degrees. The essay follows a legal dogmatic method. In the Middle Ages protection of established position was the most prominent normative pattern regarding ownership and equal inheritance rights for direct heirs. The future of the family and to maintain the family´s established position was at the centre of law of succession. Different regulations were created to make sure that the estates remained in the family and could not be bequeath to outsiders. During the mid -1800s liberal ideas and increased trade resulted in a change of the law of succession. The individual was free to bequeath their assets, but direct heirs had the right to half of the estate. Equal inheritance rights between sons and daughters regardless of their position in society became law. The normative patterns Market functional pattern and Just distribution influenced legislation in a distinct way. Today Sweden has virtually the same statutory share regulation as for 150 years ago. The law of succession has been characterized by slow changes and nothing indicates that it will change in the future.