JU5-106 Law of Succession, Family Law

Contents and structure

Family law deals with the legal relationship between spouses, both during the marriage and upon dissolution of the marriage, as well as corresponding legal relationships in the case of unmarried cohabitation. Central topics are the financial legal effects of entering into marriage, the division of property in the event of separation and divorce, and the property relationship between cohabitants and the financial settlement in the event of a breakup. Legal relations between children and parents are not part of the subject.

Inheritance law is about what should happen to a dead person's financial obligations and assets. This subject includes the rules on inheritance in the event of death, rules for sitting in an undivided estate, and the rules regarding the interpretation, creation, revocation, and lapse of a will.

Learning Outcome

Knowledge:

The student knows of:

• basic family and inheritance law concepts about spousal maintenance obligations, right of representation, property arrangements joint and separate property, prenuptial agreement, equal division, unequal division, enrichment claims, distribution in kind, inheritance according to the law, will, heir, life heir, cohabitant, minimum inheritance, compulsory share and undivided estate,
• the property relationship between spouses and cohabitants,
• the financial settlement between spouses in the event of separation and divorce and between cohabitants in the event of a breakup,
• right to inheritance according to the law,
• right to inheritance by will, in particular the formal requirements and invalidity rules for wills,
• minimum inheritance and the compulsory portion which limits the right of probate,
• settlement of inheritance,
• the rules of the undivided estate.

Skills:

The student shall know how to:

• analyze family and inheritance law issues thoroughly and in a balanced way,
• apply legal methods to determine the content of family and inheritance law rules,
• discuss and decide on specific legal conflicts by identifying, formulating, and systematizing family and inheritance law arguments, in writing and orally,
• participate in groups and contribute actively to an academic discussion of family and inheritance law issues including constructively commenting on and evaluating other students' analyses, and accepting and making use of others' constructive comments.

General competence:

The student can:

• acquire new knowledge of a legal nature, both independently and in group collaboration,
• discuss legal issues that are based on both statutory and non-statutory sources of law, and have a methodological understanding of special ways of argumentation that different sources of law require,
• communicate legal analyzes and conclusions, both in writing and orally, present and argue for own legal assessments and conclusions,
• apply the legal method to derive arguments related to the interpretation of legal rules.

Entry requirements

None

Recommended previous knowledge

It is recommended that the student has taken the subjects "examen facultatum" and "examen philosophicum."

Teaching methods

Lectures, seminars, working groups, solving problems, and self-study.

Compulsory learning activities

At least 80% participation in seminars and guidance in small groups. Oral presentation of a seminar paper at a seminar (group work). Up to four written practice assignments (individual work), including submission of draft answers to assignments. You may also have to give constructive comments on other students' draft answers to assignments.

All work requirements must be approved before you can appear for the exam.

A work requirement is valid for the two following semesters.

Assessment

4 hours school exam, letter grade.

Examination support material

"Lovdata pro" (a database containing sources of legal information) in exam mode, (with the incorporations that are permitted, and with access to all laws, preparatory work, regulations, case law from the Supreme Court and the courts of appeal, and all EEA and EU law sources. Bokmål/Nynorsk dictionary and simple calculator (not programmable). The course supervisor can decide on changes to permitted aids.

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