Vi kanske borde gifta oss? - en rättsvetenskaplig uppsats om skillnaden mellan sambors och makars rätt till arv samt de normativa grundmönstrens påverkan

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: “The Swedish family law regulation mirrors fundamental values in the society in many ways, regardless of if they have been there for a long period of time or if they are a result of the legislation. This is a matter of an intercommunion between laws and values of society. Our legislation is a product of our society – we are moulded by the legislation and we are moulding it.” Professor Anna Singer presented the quote above ten years ago, and it is a good quote to summarize this essay. In this composition the right for married and unmarried partners to inherit the other is discussed. The differences between the legal rights of the two different forms of cohabitation have been justified in the preparatory materials of the laws in question. These justifications are presented, discussed and analysed in the different chapters of this essay. I have, by using the method of sociology of law, studied the relationship between society and law, especially family law. I have studied the effects society has on the legislation, and how the legislation is affecting the society. Anna Christensen’s theory of patterns of fundamental values has been used to study what values are evident in the legislation and in the justifications presented of the differences in the legislation. In the analytical part of the essay, my conclusion is that the most prominent fundamental values are individuality and solidarity. The legislation describes unmarried partners as two separated individuals with a sparse solidarity, as opposed to married partners who are presented as a unit where the two individuals are not to be separated to the point where it can damage their solidarity, which is a fundamental value of marriage.

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