ВАНБРАЧНА ЗАЈЕДНИЦА У ШВЕДСКОЈ
COHABITATION WITHOUT MARRIAGE IN SWEDEN

Summary/Abstract: Swedish Marriage Code was passed in 1920. In 1973. it was amended by introducing certain provisions which simplified the rules on formation of marriage and divorce. The Swedish law is based on the ideology of neutrality towards marriage and cohabitation without marriage: the fact which can be seen in Tax law, the Law of social welfare, as well as in Real property law and Family law. The Swedish legislation on marriage and family is soon to be amended. The amendments will be based on a report of the Family law Committe from 1981. which is being supervised in the Ministry of Justice. The report is also based on the ideology of neutrality. The Committee made various suggestions, among which: introducing of a new form of joint property of the common dwelling and furniture for married and cohabiting couples; recognition of a right of maintenance of the common dwelling after termination of the cohabitation: unification of the procedure of the division of property after termination of cohabitation and in case of divorce; as well as introducing of a right of the surviving cohabitee to get a part of the value of the common dwelling and furniture in case of death of a cohabetee. The author is of opinion that legislation represents one of the factors influencing the marriage rate. He considers the Swedish idea of a neutral marriage legislation to be a pragmatic and compromising solution. The legislation could make another option between two extremes: it should either diminich the number of provisions an cohabitation vithout marriage to the least possible measure, or make legal consequences of marriage and cohabitation without marriage completely equal. The author is of opinion that at an earlier stage of development the legislation should adopt a solution by which the cohabitation without marriage should be given as little legal consequences as possible.

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