著者

堀田 みゆき

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.36, no.1, pp.58-67, 1999-11-15

被引用文献数

1

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Recently, the concern over human rights has gradually spread from the part of individual nations to the whole international community. At the same time in a large part of western countries, i.e. the northen part of Europe and USA, the view of society for homosexuality has become much more tolerant than before. As the result of these facts, the Registered Partnership Act constituted for the first time in Denmark in 1989. Next to it Norway(93), Sweden(94) and Iceland(96)followed introducing similar acts. These laws approved substantial marriage between the same sex and regulated the same legal effects as general marriage with some exceptions. The exceptions are concerned about getting parenthood. One of them is concerned about adoption and guardianship, the other is artificial insemination. The present thesis handles at first the right to marry and found a family from the public international law, i.e. the Universal Declaration, UN Covenant on Civil and Political Rights, etc. And it takes up the legal position of homosexual persons as to marriage and even more of transsexual persons. According to norms of public international law, the right to marry is not absolute and marriage between the same sex is not recognized. The right to marry and found a family,however, is essential to the pursuit of the individual happiness, therefore their rights should be approved at least in the different form as general marriage as far as it doesn't act against the public interests. And in addition, the attitude of clergy and general people for the homosexuals is mentioned around Sweeden and Denmark.

著者

堀田 みゆき

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.33, pp.154-161, 1997

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The present thesis covers a case study on the relation between unmarrried cohabitation and marrige in Sweden, taking various legal aspects into account. In recent many western countries we can see the contemporary phenomenon of living together without gettin married. Especially in Sweden, it became more common for children to be born outside legal marriage. And today mostly all married couples have lived together as unmarried persons for some period before getting married. "Do people avoid marrying with some intention ?" or "Don't people care if they married or not when they form the family?" And then I performed researches on it by in-depth interviews in Stockholm and Halsingland of Sweden during March to May 1993. The total sample of couples consists of 21 cohabiting couples, 3 cohabiting couples with the fixed marriage date and 10 newly marride couples. 9 out of 24 cohabiting couples and 8 out of 10 married couples have 1-3 children. In Swedish society there is no longer any discrimination to children outside marriage even on peoples consciousness. In most cases the differences in their acutual life between legally married and unmarried are very few. As long as they lead their life as unmarried cohabiting couples, however, they could't get the right of succession to partners property but the right of property division by the cohabitees sct (sambalagen). Moreover, it is mostly impossible to take either of their family nam, e as the only family name. Then couples with children can't have the same family name as one family. The formal condition of marriage in Sweden is holding a wedding. the wedding is celebrated with festivities and today the wedding contains the meaning of confirmation rather than a rite of passage.