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- Singer, Anna
(författare)
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Föräldraskap i rättslig belysning
- 2000
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Parenthood, from a legal perspective, has always been perceived as a rather unambiguous concept in Swedish legislation. It is the biological parent of a child who should be given legal status as parent and thereby also all the rights and duties of a parent.In the first part of the thesis examines some of the reasons for studying the legislation concerning parenthood. The laws regulating the relationship between parent and child originate from laws enacted at the beginning of the twentieth century. One hundred years later, changing family patterns and the development of different techniques for assisted reproduction are only a few of the factors that puts legislation concerning parenthood in a new light. Of even greater importance is a changing view of the child and the ambition to always put the interests of the child first. It is submitted that the regulation concerning the attainment of legal status as parent must be re-examined, like any other legislation concerning children, in view of the best interest of the child.The second part of the thesis examines the grounds for legal status as parent according to applicable Swedish laws. Particular attention is given to the question of the extent to which biological kinship can be replaced as the basis for legal status and the reasons behind this. The third part of the thesis analyses the legal construction of parenthood. The various interests of parent and child that are met by the present legislation are clarified, in particular the interests of the child in this context. It is concluded that the child has several interests that should be satisfied when establishing legal status. A question discussed in this part of the thesis is whether it is possible to satisfy the child's various interest in this context, independently of one another and without having to change the child's legal family status.The fourth and final part of the thesis discusses legal parenthood and how the legislation could be formed in order to protect the interests of the child in a more effective manner than today. It is argued that the legal regulation of parenthood needs to be more flexible, allowing for the various interests that the child has in connection with parenthood to be met independently of one another. This means that there might be a need to let go of biological parentage as the model for legislation on parenthood. A child perhaps needs not two but several parents during childhood.
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| 2. |
- Walleng, Kajsa, 1980-
(författare)
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Att leva som sambo : En civilrättslig studie av det rättsliga skyddet för sambor och om det är i takt med sin tid
- 2015
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- During the past few decades, unmarried cohabitation has become an increasinglycommon and increasingly socially acceptable form of cohabitation. But is the legalprotection for cohabitants in pace with its time? Does the legal protection correspondto different cohabitants’ needs, and wishes, for economic legal protection incases where the cohabitation is dissolved? The aim of the thesis is to examine thesequestions.The Swedish Cohabitees Act provides basic protection for all couples classifiedas cohabitants under the Act. However, the protection provided by the Act is complementedby the general laws of property. In addition, cohabitants have the opportunityto expand the legal protection for each other by, for example, entering intocontracts, drawing up wills, or taking out a life insurance which stipulates the othercohabitant as beneficiary. Different laws, principles and agreements can, thus, be ofsignificance for how the economic situation turns out for each of the cohabitants incases where the cohabitation is dissolved.The thesis contains a comprehensive empirical study that was carried out in 2010in cooperation with Statistics Sweden (SCB). The study includes questions such as:What is the knowledge and opinion of the general public in relation to the legalprotection for cohabitants? How do cohabitants consider their relationship and howextensive is their economic partnership? Do cohabitants extend the legal protectionfor each other on their own and how do they perceive the issue of marriage? In thethesis, the results of the study are considered against the legal protection that affects– or can affect – cohabitants in cases where the cohabitation is dissolved.Overall, the empirical study shows that there is a gap between the law and theneeds of cohabitants, due to the extent of cohabitants’ social and economic partnership,but also due to the fact that cohabitants rarely extend the legal protection foreach other on their own – even though many cohabitants have needs, and wishes, forextended legal protection in cases where the cohabitation is dissolved by separationor death. In the final chapter various solutions for making the existing legal protectionfor cohabitants more in pace with its time are discussed.
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