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Law (1990:272) On International Issues Relating To Matrimonial Property Relations And Cohabiting Couples

Original Language Title: Lag (1990:272) om internationella frågor rörande makars och sambors förmögenhetsförhållanden

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The scope of the law



section 1 of this Act are applicable to matrimonial and cohabiting couples

property relationships when there is a connection with a

foreign State. The Act applies only to such cohabitation

where none of the partners are married.



The provisions of section 2 of the first paragraph, the third subparagraph of paragraph 5, section 6

the second subparagraph of paragraph 8 shall not apply to cohabiting couples. When the law should

apply to unmarried couples applies in General:



1. What is said in the law of the spouses, future spouses, marriage

and the marriage or its equivalent terms of s1ambor,

future of cohabiting couples, cohabiting relationship respective

cohabitation initiation.



2. for the purposes of section 9 applies to 16 to 18 and 22 – 25 § §

the Swedish cohabitation Act (2003:376) instead of the marriage code. At

the application of paragraph 10 of the terms of section 15 of the cohabitation law instead of 12

Cape. the marriage code.



The law does not apply to the extent that the subject of a

other teams. Law (2015:420).



Swedish jurisdiction



section 2 a matter of matrimonial property regimes may be collected

by a Swedish court



1. If the issue is related to matrimonial proceedings in Sweden,



2. If the defendant is domiciled in Sweden,



3. If the claimant is domiciled in Sweden and Swedish law 3

or section 4 applies to the spouses '

property regimes,



4. If the issue relates to property in Sweden, or



5. If the defendant is in a suggestive question has accepted that the matter

tested in Sweden or have gone a defence on the merits without

objection on the jurisdiction of the Court.



If the question concerns the Division of property on the occasion of a husband's death

apply 2 a § instead of first paragraph. Law (2015:420).



2 a of a question about Division of property following the husband's death,

is taken up by a Swedish court



1. If the deceased spouse was habitually resident in Sweden,



2. in the cases referred to in section 2 of the first paragraph, 2, 3 and 5, or



3. at the request of the surviving spouse of a Swedish court, in

other cases than those referred to in 1, is competent to take up a question

If the inheritance of the deceased pursuant to European Parliament and Council

Regulation (EU) No 650/2012 of 4 July 2012 on jurisdiction,

applicable law, recognition and enforcement of decisions and

approval and enforcement of authentic instruments in

matters of succession and the creation of a European

succession, in the original wording. Law (2015:420).



Applicable law



3 § Have spouses or prospective spouses agreed in writing to a specific State

law applicable to their assets, it shall apply

If



1. the agreement relating to the law of a State in which any of them had established or was

citizens when the agreement was entered into, and



2. subject to paragraphs 5 to 12.



Is the death of one spouse, the surviving spouse may conclude a contract in accordance with

the first paragraph with the decedent's heirs and universal

legatees.



paragraph 4 Has not been determined by the law applicable to the contract, the law applicable in the

State in which the spouses took residency when they were married.



If both spouses subsequently has taken residence in another State and have been

resident there for at least two years, applied rather than the State law. Has

both spouses earlier in the marriage been domiciled in that State, or

both spouses are nationals of that State, however, applied the State's law

as soon as they have taken residence in the State.



section 5 of an act between spouses with respect to their

property is valid if it conforms to the law

applicable to the matrimonial property regime when

This Act is done. Carried out this Act before marriage,

the valid, if it is consistent with the law that is applicable when

the couple marry.



This Act shall be deemed valid if it satisfies the

the form requirements of the law of the State where it is to be taken or the spouses then

is domiciled.



Marriage contract between spouses who have their habitual residence in Sweden when

This Act is undertaken, however, existing in this country only if

registration takes place in accordance with the provisions of the Divorce Act. Gift from

spouses who have their habitual residence in Sweden when the gift is given will be invoked against the donor's

creditors only if the provisions of such validity in Chapter 8. 1 §

the marriage code have been complied with.



5 a of a foreign Division on the occasion of a husband's death,

It is considered formally valid if it satisfies the formal requirements

According to



1. the law applicable to matrimonial

property regimes,



2. the law of the State in which it was held, or



3. the law of the State where the deceased was domiciled or where

citizens. Law (2015:420).



Special provisions for Division of property etc.



section 6, at the request of a spouse or a Inheritors, the Swedish law

apply to the procedure for the Division of property, even if the foreign law is

applicable to the matrimonial property regime. Provisions in Swedish

Act on the procedure for the Division of property may be applied also when the foreign

the law provides for another form of sharing or settlement in respect of

matrimonial property.



A division of property under Chapter 9. the second paragraph marriage section 1 of the code may, however,

to be notified only if the applicable foreign law similarly

allows spouses to officiate Division of property during marriage when they are

ense.



section 7 in a Division, the spouses ' total assets and

liabilities in Sweden and abroad are taken into account, unless otherwise

under the law applicable to matrimonial

property regimes. At lot facility should a spouse in

the first instance is assigned to the property belonging to him or her

abroad.



If there is property in a foreign country and it can be assumed

the property Division will not apply in that country,

property Division be restricted to a specific part of the spouses '

property. Such restriction shall not, however, be made, if any

of the spouses with the reasonable grounds are opposed to it.



When a Division on the occasion of a husband's death, the

taken into account what added the surviving spouse at

the corresponding Ordinance after the dead abroad.

Law (2015:420).



section 8 Has it in a strange State announced a final decision on the legal

separation and have not resumed, the spouses is jeopardising that coexistence

property acquired by the spouses after separation is not part of a

Division of property in which Swedish law applies to spouses '

property regimes. Such a division shall cover

liabilities are calculated taking into account the conditions of the separation.



section 9 of the Divorce code provisions on disposal of children

home and household goods, and whether a husband's right to take over at Division of such

property is to be applied, if the dwelling and household goods are in Sweden.



section 10 For a division of property that is made in Sweden, adjustments be made in accordance with Chapter 12.

the marriage code, even if the foreign law applicable to the matrimonial

property regimes.



Account of the interests of third parties



section 11 of the Limitations that a foreign law contains in a husband's right to

dispose of such immovable property or leasehold belonging to his husband

and is available in Sweden may not be asserted against a third party in further Mo

than required by Swedish law.



The same applies to restrictions on a spouse's right to dispose of their

other property or to take on debt, about a third party and her husband were

in Sweden when the Act is done and the third man did not know

or should have known of the restriction.



section 12 limitations that a foreign law contains in a spouse's obligation

to respond with their property for their debts may not be asserted in

Sweden, if the debt relates to an act whereby a husband

has the disposal of their property or leasehold and immovables

here in the country.



The same applies if the debt relates to an act whereby a

husband has the disposal of other property or debt, if a third party

and her husband was in Sweden when the Act is done and third

they did not knew, or should have known of the restriction.



Recognition of foreign judgments



section 13 a final decision about the matrimonial

property relations of a foreign court or other

authority or by a bodelnings person applies in Sweden, if

It has been given in



1. a State whose law under section 3 or 4 were applicable to questions

on the matrimonial property regime or



2. the State in which the defendant is domiciled. Law (2001:1141).



section 14 of the foreign judgment does not however apply in Sweden, if



1. judgment has been entered against a party that has not been

defence and which has not become aware of the actions raised in

sufficient time to be able to answer in the matter or to a party

who otherwise would not have a reasonable opportunity to bring their action

in the foreign proceeding,



2. the decision goes against a Swedish operative,



3. the decision is contrary to the one in this country regarding foreign

ruling in a procedure that began earlier than the other

foreign proceedings;



4. in Sweden there is a procedure which may lead to a

contradictory or



5. the abroad going on a procedure which may lead to a

contradictory ruling, unless proceedings have begun

earlier than the other foreign procedure and can be assumed to lead

to a decisive force in this country. Law (2001:1141).



Competing procedures



15 § Produced a claim for matrimonial property regimes

in a Swedish court, when it already runs a procedure

abroad which could lead to a conflicting opinion, shall

the action is rejected if it can be assumed that the decision of the foreign

the procedure takes effect in this country. Instead of the action

rejected, proceedings or case in abeyance pending


a final decision in the foreign proceeding.

The action may be considered if there are special reasons. Law (2001:1141).



Enforcement



section 16 of a foreign judgment that is enforceable in the

the Forum, which is valid for Sweden may be executed, if

the ruling has been declared enforceable here.



An application for a declaration of enforceability is made to

District Court that the Government provides.



The applicant shall submit with the application the judgment in

original or copy certified by a competent

authority as well as the additional documents that the District Court

need for its review. Law (2014:926).



section 17 If a decision declared enforceable, implemented

the decision in the same manner as the corresponding Swedish

decision in a final. A regulation on

coercive measures in the decision should not, however, apply.



In the Court of a case if the

enforceability shall apply in all other respects the law

(1996:242) about court cases. Law (2014:926).



Reserve forum



section 18 where there is no competent court when Swedish jurisdiction

under this law, shall the matter be taken up by the Stockholm

District Court. Law (2001:1141).



Resident



for the purposes of section 19 of this Act, the person is resident in a particular

State is considered to be a resident there, if the settlement with regard to the

duration and the circumstances in General may be regarded as permanent.

Law (2001:1141).



Public policy



20 § a provision of a foreign law cannot be applied and

a foreign ruling does not apply in Sweden, where it would

be manifestly incompatible with the foundations of the Swedish

law to apply the provision or to recognise

the decision. Law (2001:1141).



Transitional provisions



1990:272



1. this law shall enter into force on 1 July 1990, when the Act (1912:69) on certain

international legal relations concerning the legal effects of marriage

shall cease to be valid.



2. for the purposes of paragraph 1, second subparagraph, shall be assimilated with other law

Regulation (1931:429) on certain international legal relationships

concerning marriage, adoption and guardianship.



3. the provisions of section 2 of the Swedish jurisdiction in a

the case brought before the Court before the entry into force is lost.



4. did the action in a case or matter relating to matrimonial property regimes

property regime brought before the Court before the entry into force,

apply older provisions.



5. Have a crucial time for the Division entered prior to the entry into force,

applicable provisions on matrimonial property regimes elderly at

property Division. However, this does not apply to questions concerning the stay of the dividend form or

questions referred to in paragraph 6.



6. A valid legal document relating to matrimonial property regimes that

were made before the entry into force does not lose its validity through the new

the law.



2001:1141



1. this law shall enter into force on 1 February 2002.



2. the provisions does not mean that Swedish jurisdiction

lost in respect of an action concerning cohabiting couples

property regimes which have been brought before the entry into force.



3. Elder law still applies in the case of the law applicable to

an action relating to property rights for cohabiting couples who have

brought before the entry into force.



4. Have a division between cohabiting crucial time

entered prior to the entry into force, applied the new provisions

at property division only to questions about bo share form and questions

referred to in paragraph 6.



5. A valid legal document between cohabiting couples that were made prior to the

its entry into force does not lose its validity through the new

the law.



6. the provisions of 13, 14, 16 and 17 sections do not apply to

judgments given before the date of entry into force.



2003:382



1. this law shall enter into force on 1 July 2003.



2. If a common-law relationship has ended before the entry into force,

apply older provisions.



2014:926



1. this law shall enter into force on 10 January 2015.



2. Older rules applicable to the processing in the Svea Court of appeal

and the Supreme Court cases that have commenced in the Court of appeal

before the entry into force.