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Marie Göransson

Doctoral Student, Associate Judge

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Research

PhD Project: Family Law Perspectives on the Statutory Presumption of Ownership for Spouses and Domestic Partners 

 

According to the Swedish Enforcement Code the debtor is presumed to be the sole owner of property which is possessed jointly with a spouse or domestic partner. In my PhD project, I investigate this statutory presumption of ownership from a family law perspective. The applicability of the statutory presumption as well as its legal repercussions are determined by family law. It is therefore surprising that research linking the statutory presumption to family law is scarce. In my research, I set out to map the area where the statutory presumption intertwines with family law. I think that I thereby can contribute to the over-view of the area, which at the present is lacking.

As I see it, the mapping of the area has a value in and of itself. But I also think that it can provide an outside perspective on law applicable to spouses’ or domestic partners’ financial relations to each other. This area of law has in previous research mainly been studied from an inside perspective, with the Swedish Marriage Code and Cohabitees Act as the point of departure. In my research, I will have a quite different approach, and explore how the law on couple’s relations to each other relates to creditors within the scope of the statutory presumption. I anticipate that my research, through this approach, can reveal significant information about the legal perception of marriages and domestic partnerships as such.

UKÄ subject classification

  • Law

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