Annan Anknytning: Ett förlegat begrepp eller en outnyttjad möjlighet?

Sammanfattning

The term another type of connection occurs in several areas of Swedish family laws that concern conflict of laws. The purpose of this text is to define the meaning of this term. Another type of connection has been added to the legislation to be a different possible form of connection to ensure the individual’s opportunity to get their question tried, and a foreign decision recognised, within the Swedish system. The term another type of connec-tion function as an extension of the terms of domicile and nationality. Another type of connection appears in the Swedish laws IFL and IÄL; these two legislations are the focus of the discussion in this text. The term was added to the legislation after a time when the Swedish legislation regarding conflict of laws in the area of family law had been very restricted to only using nationality as a possible connecting factor. This restriction resulted in particular challenges for the judiciary system to define an individual’s con-nection to the state where the decision-making court resides. These challenges form the basis for the reasoning behind adding the term another type of connection to the legislation. Another type of connection has been added to the legislation as a safety feature to prevent situations of denial of justice. The term is intended to be used in only rare cases where the individual’s rights otherwise are threatened. However, it may be concluded that the meaning of the term another type of connection is still unclear, and the Swedish judiciary system must define this more clearly.