Äktenskap och samboende - Dags för en gemensam lagstiftning?
Sammanfattning: In today’s society, it has become more and more usual to live together without getting married and the number of common law marriage has increased. The common law marriage legislation is partly based on the matrimony legislation and they therefore have a lot of similarities, but also a lot of differences. The purpose of this thesis has been to investigate if married couples and common law married couples should be treated the same from a legal perspective by having a mutual legislation instead of two separate ones. The thesis deals with the historical development of the marriage legislation and the common law marriage legislation to find out what purpose the legislator has had with the laws. After that comes a judicial exposition to later in the section of discussion bring forward essential similarities and differences between the laws. The legislation has been affected by different norms that sometimes has been conflicting to each other, for example solidarity and individuality, and the thesis discuss and analyzes how these has formed the laws. The conclusion is that the common law marriage legislation should continue to be separated from the marriage legislation since the purposes and functions of the laws are different. There is also a lot of differences between the text of law which makes a mutual legislation to not be the best alternative.
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