KM: t have---found good order, that, as far as it concerns the relationship to the

Denmark, Finland, Iceland and Norway, school here in the Kingdom give pause to

efterrätelse the following provisions, which join a 6

February 1931 between Sweden and the aforementioned States entrance Convention

containing international private law provisions on marriage,

adoption and guardianship:



I. Marriage



section 1 is looking for a national of a Contracting State impediments to testing or

Banns of marriage of authority belonging to such other State,

examined his right to enter into marriage under the law of that State, if

one of the betrothed is domiciled there, but otherwise, according to the home Member State

team. The latter Act, however, should always be applied, if the applicant so requests.

Shall apply the law of the home Member State, the competent authority may impose

the applicant, to prove their right to enter into marriage by certificate from

authority belonging to the homeland.



Necessary in consideration of marriage obstacles in a Contracting State in accordance with

the State law not the parents ' or guardian's consent to

the marriage, shall in respect of persons domiciled in other

Contracting State what the State law imposes requirements on such

consent redound to this Institute.



If the impediments to trial and warrant applies in other law of the State

assessment or enquiry agency belongs to. Release (1973:1181).



2 § impediments Have testing or banns has taken place of authority related

State party, wedding, as long as the impediments to trial or

validity of inquiry, conducted by the authority belonging to the other

Contracting State without new impediments to trial or banns. This

applies regardless of whether the betrothed are nationals of a Contracting State.



If the marriage is valid in the rest of the State marriage authority belongs.

Release (1969:723).



2 a of the provisions in section 3-5 applies to children

couples, where both spouses



1. nationals of any Contracting State and



2. when they entered into the marriage



(a)) was a national of a State party and



b) then took residence in one of the Contracting States.



The provisions shall not apply where both spouses after

the marriage has been established outside the

Contracting States. Law (2007:522).



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

law shall apply on their property, shall

the effect of



1. the contract



(a)) the law of a Contracting State where one of them had

residence or citizenship when the agreement was entered into or



(b)) the law of the Contracting State in which the two last

at the same time domiciled, if one spouse or both spouses

during the marriage was domiciled in another Contracting

State other than the one where they took the place of residence when they married, and



2. subject to paragraphs 3 b-4. Law (2007:522).



3 a of the applicable law is not specified by contract,

the law of the State where the spouses took residency when they got married

themselves.



If both spouses subsequently has taken residence in another

Contracting State and resided there for at least two years,

Instead the State law. If both spouses prior

during the marriage have been domiciled in that State, or if

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

law once they have been resident there. Law (2007:522).



paragraph 3 (b) in the case of a husband's permission to prevail over fixed

property, over property that is equivalent to immovable property, or

of a dwelling shall be the law of the Contracting State

where the property is located shall apply. Law (2007:522).



3 c § a change of the law applicable to matrimonial

property does not affect the legal effects of

an act undertaken before the switch.



The validity of provisions of a prenuptial agreement is deemed

According to the law applicable to matrimonial

property when the issue arises.

Law (2007:522).



4 § A choice of law agreement or marriage contract between spouses

is valid if it concluded the met

formal requirements of



1. the law according to the 3 or 3 a § applicable to matrimonial

property regimes or



2. the law of a Contracting State in which the spouses or one of them

were citizens.



If a Contracting State has no formal requirements for

choice of law agreement, judged the validity under the law's requirements for

prenuptial agreement. The question is assessed according to Swedish law, shall

conflict-of-law agreement is considered valid if it is in writing.



A marriage contract between spouses who have their habitual residence in Sweden when

the Act made applicable in this country against a third party,

only if the registration is made in accordance with Chapter 7. section 3, third subparagraph

the marriage code. Law (2007:522).



section 5 an application for separation of property between spouses are taken up in the State

where they are resident. They live in different States, the application

up in the State in which the application is directed against has

place of residence or, if that State is Finland, of the State whose law is

applicable to the matrimonial property regime.

Law (2007:522).



section 6 What in 3--5 § § provides shall not have regard, on marriage, whose

legal effect under the law of any of the States, if the question is,

school judged by elder marriage laws.



section 7 an application for separation or divorce proceedings between

spouses who are nationals of and habitually resident in a Contracting

State is taken up in the State in which the



1. the spouses are habitually resident,



2. the spouses were last habitually resident at the same time, and one of them

still lives,



3. spouses,



4. the defendant is domiciled,



5. either of the spouses is habitually resident, if an application for

separation or divorce is common,



6. plaintiff has his domicile, if he or she had been resident there

for at least one year immediately before the application was made, or



7. the plaintiff is a citizen and has his domicile, if he or

she resided there for at least six months immediately before the

the application was made.



A claim for divorce on the grounds of legal separation,

also be taken up in the State where the decision on the separation has

announced. Law (2001:398).



section 8 in connection with a claim for judicial separation or

divorce may also be of the same or other authority

examined questions about temporarily lifting is jeopardising that coexistence and

Division of property. Even questions about child custody, child's property and

visitation with children should be tested, if



1. the child is the spouses ' and



2. the child is resident in the State in which the application for

separation or divorce is taken up.



If the child is not habitually resident in the State in which the application for

separation or divorce is taken up, the questions about

custody of the child, the child's property and visitation with the child still be

up there, if



1. the child is domiciled in a Contracting State,



2. the child is the spouses ' and at least one of the spouses

has custody of it,



3. the spouses have agreed that the matter be adjudicated in the State in which the

the claim for divorce or judicial separation is taken up and



4. examination of question in the State is in the best interests of the child.

Law (2001:398).



8 a of If an action regarding a matter under section 7 or 8 are brought

by the competent authority in different Contracting States between

the same parties, the authority is seised

later than the court first seised shall decline jurisdiction in favour of the other

authority.



For the purposes of the first subparagraph, a case of separation

and a question about divorce is considered to be the same issue.

Law (2001:398).



§ 9 in the examination of the questions referred to in paragraphs 7 and 8 shall apply in

each State of the applicable law. Questions about the Division of property shall, however,

always be determined by the law applicable to matrimonial

property regimes.



Separation gained in one of the States in the other

the same law to a divorce as if it won in the

State.



In a Contracting State where the rules about separation is missing but

where divorce in some cases shall be preceded by a period

have spouses, who won legal separation in another Contracting

State and thereafter lived apart for a time corresponding to such

reflection and not resumed is jeopardising that coexistence, the right to have

divorce without the preceding period. Law (2007:522).



section 10 hemskillad Have gained between spouses, on whose

property law in a Contracting State, where the rules on

separation is lacking, applies, property that spouse acquires

After the separation to be his individual and coverage for Geld is calculated

with regard to the conditions at the home kill the spirit. Otherwise own

provisions of the State on the Division of property after a divorce

the corresponding application.



Death of spouse, then the separation gained, shall, in respect of their survivors

spouse's right to receive inheritance or bequest after the deceased, at the

the application of the law of a Contracting State, where the rules on separation

missing, home the difference equated with divorce, if

separation still persists. Release (1973:1181).



II. Adoption



section 11 To nationals of a Contracting State, established in such

State, adopt someone, who has citizenship in one of the States, shall

the application must be made in the State, where the adopter's place of residence.



section 12 at the examination of the application shall apply in every State where applicable

team. Is it, to be adopted, under eighteen years old and he has habitual residence in the

the home Member State may not, however, be accepted, the application of any other State, without

the competent childcare authority in the home Member State had the opportunity to give

opinion.



paragraph 13 of the application for cancellation of an adoptive relationship between nationals of

Contracting States shall, if the adoption has taken place in such a State,


collected in the State, where the adopter's place of residence, or, if he has not

a resident of a Contracting State, where the adoptive child's habitual residence.



Upon examination of the application shall apply in every State where the governing law.



III. The Guardianship



section 14 of the guardianship of minor citizens of one of the Contracting

States, which is a resident of one of the other, organized in the latter

State guardianship, if not already in another Contracting State

exercised by the law firm or specially appointed custodians.



What is now said to be decreed shall apply on the explanation

and guardianship of minors declared.



section 15 Temporary guardianship can be organised and other temporary

measures to be taken in each of the States.



16 § at the examination of the issues referred to in paragraphs 14 and 15, applied in each

State of the law.



section 17 of the Omyndighetens effect in the property legally and

guardian's permission to be assessed according to the law of the State where

guardianship is exercised.



Whatever is said not to have regard, on the right to enter into marriage under

Bill of Exchange or cheque.



section 18 of the Guardianship, after negotiation between the learner

State Department be transferred to another State, if the underage taken

resident there or transfer of other basis is appropriate.



19 § ask about cancellation of designated explanation, given in

a Contracting State shall, if the incapacitated are nationals of

such a State, in the State where guardianship is arranged.



In order to apply in every State where the governing law.



section 20 of that shall be a national of a Contracting State disqualified in other

such a State, or the designated häves explanation in a State other than the home Member State,

shall be communicated to the person concerned without delay of intelligence

State Department there.



21 § What in 17, 19 and 20 of the Ordinance concerning the designated explanation

shall be applied mutatis mutandis, when the Danish lavvaergemaal organised for the

nationals of a Contracting State, which is resident in Denmark and

the guardianship not already organised in another Contracting State.



The, which is under the lavvaergemaal in Denmark, may notwithstanding thereof

Minolta is explained in another State, in which he has taken residence.



section 21A of the specific provisions relating to trusteeship according to

the parental or guardianship of incapacitated, see law

(1988:1321) about the Nordic legal relations relating to trusteeship according to

parental m. m. Lag (1988:1323).



IV. General provisions



section 22 of the final judgment or administrative authority

decision, as in one of the States issued under 5, 7, 8, 11, 13,

14, 15, 19 or section 21 shall apply in other States without

Special Act and without consideration of the

accuracy or authority. The same applies to a

a final judgment in one of the States and concerns

invalidity or nullity of marriage between nationals of

any Contracting State Law (2001:398).



Article 23 of this regulation does not apply to marriages entered into

between two women or two men. Law (2009:257).



Transitional provisions



2001:398



1. this law shall enter into force on the day the Government determines. The law

shall be put in force in relation to one or more of the

Nordic countries.



2. the provisions of sections 7 and 8 do not entail that Swedish court

eligibility is lost with respect to an action brought

before the entry into force.



3. Older provisions still apply for an action that has

brought before the entry into force.



4. Older provisions still apply for decisions that have

granted prior to the entry into force.



2001:407



The Government states that the Act (2001:398) to amend the

Regulation (1931:429) on certain international

legal relations concerning marriage, adoption and guardianship

shall enter into force in relation to Finland and Norway on 1

July 2001.



2002:749



The Government states that the Act (2001:398) to amend the

Regulation (1931:429) on certain international

legal relations concerning marriage, adoption and guardianship

shall enter into force with respect to Denmark and Iceland on 1

November 2002.



2007:522



1. this law shall enter into force on the day the Government determines.



2. Older provisions still apply if the spouses ' marriage

the couple has been dissolved or has been granted a legal separation before

the entry into force.