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Human rights and tenure security in the Swedish residential tenancy legislation
Stockholm University, Faculty of Law, Department of Law, Stockholm Centre for Commercial Law.ORCID iD: 0000-0001-6599-477X
2019 (English)In: Book of Proceedings: 8th Real Estate Research Conference / [ed] Peter Palm, Malmö: Malmö University , 2019Conference paper, Oral presentation with published abstract (Other academic)
Abstract [en]

The Swedish legislation for residential tenancies has historically been closely tied to the idea of tenement rights, i.e. the idea of treating the home the tenant has established in the rented dwelling as a home worth preserving. Ideas of tenement rights derive from the social rights movements in the first half of the last century. The case law from the ECtHR has developed a tenure protection within the human rights paradigm. The protection is considered to be an inherent part of the right to respect for home, proclaimed in Art. 8 ECHR.

Unlike the tenure protection prescribed by Ch. 12 in the Land Code, the tenure protection from the human rights paradigm in Swedish tenancy law provides protection to a wider circle of residents as it departs from the need to protect the individual and his/her attachment to the home. Most importantly, the establishment of the protected position is not conditioned by attaining the privileged position of being a contractual partner.

The presentation will discuss common grounds and areas of divergence between the two simultaneously applicable paradigms, as well as challenges to the Swedish rental market.

Place, publisher, year, edition, pages
Malmö: Malmö University , 2019.
National Category
Law and Society
Identifiers
URN: urn:nbn:se:su:diva-169199ISBN: 978-91-7877-036-6 (electronic)OAI: oai:DiVA.org:su-169199DiVA, id: diva2:1318973
Conference
8th Malmö Real Estate Research Conference, Malmö, Sweden, 9-10 May, 2019
Note

The presentation is based on the article in JT 2018/19 no. 1, p. 67 ff. titled (in translation): “The convention based tenure security: application of Art. 8 ECHR”.

Available from: 2019-05-29 Created: 2019-05-29 Last updated: 2020-01-17Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
  • ieee
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  • Other style
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Language
  • de-DE
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  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
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