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CIVIL LAW.
30!)
marriage lias been based, is the community of interests of the husband and
wife under the superintendence of the former. This principle has obtained,
though with certain modifications, in both personal and economic respects. It
has already been pointed out that the claim of the family hinders the
realization of complete community of property; due regard for the personal
independence of the wife and for the interests of the family as a whole, where the
husband and father displays economic inefficiency, has led not only to sundry
divergences from the otherwise uniform rule of the administration of the
property of the family being attended to by the husband, but also to the possibility
of an entire abrogation of the rule during the continuance of the marriage
(partition of husband’s and wife’s joint estate).
It has naturally not been found possible to accord much scope in the
marriage laws to liberty of contract. However, by a pre-nuptial agreement
(äktenskapsförord) the parties contemplating marriage are enabled to determine their
financial relationship to each other to a certain extent otherwise than the law
prescribes.
Parental Laiv confers upon parents the right and lays upon them the
duty of keeping their children that are under age in their charge, of
educating them and of giving them maintenance. A considerable difference
is made in respect thereto between children born in and children born out
of wedlock. The latter are treated rather as being outside the family;
the bond between them and the father especially is far less intimate in
the eyes of the law than is the case with the former, the legitimate
children. The law however recognizes as legitimate a considerabty larger
number of children than common opinion accepts as such in view of the
mothers marriage to the father.
Guardianship of Children has for a long time been regarded as an
extension of parenthood. Formerly the family was paramount in the
selection of guardians, but nowadays its influence has waned, since
the superintendence over the guardianship of minors has been assigned to
public authorities.
Thus, it devolves upon a court of law to decide whether a guardian for a
minor is to be chosen from among the members of his or her own family or
is to be an unrelated party. Again, it is incumbent on a court of law, in
conjunction with the duly appointed local official, to supervise and control the
management by a guardian of his ward’s property. In the details of
management the guardian is pretty free to act as he sees fit; as regards his ward’s
real estate, however, a guardian’s freedom of action is somewhat circumscribed.
In Stockholm there exists an institution of long standing, the Public
Guardian Office, "Förmyndarkammaren", that takes charge of and administers the
money possessed by minors in that city.
The principles on which the Swedish Laiv of Inheritance rests may be
said to be as follows: Certain rules of descent, some of them very ancient,
which nowadays however include equality as between men and women;
an illegitimate’s right to inherit his mother and any relative on her side,
though not his father and his father’s kinsmen; the right to frame a
will as desired, restricted only as regards direct issue, whose claim to
half the inheritance is unreservedly secured by law; practically unre-
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