Marriage restricts property rights

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In light of the growth in wealth in Norway, one can ask whether the equalization rule is suitable for companies.

The Marriage Act and the Inheritance Act have rules that many perceive as encroachment on property rights.

The right of ownership is limited in the Inheritance Act, in that three quarters of the company value goes to living heirs and a quarter to the spouse. Business owner Nyman, in the NRK series Lykkeland, builds value by investing in a new fleet. If Mr. Nyman falls away, the shipowner’s son Christian takes over the values, in exchange for triggering Mrs. Nyman a quarter of the company’s value.

Property rights are also clearly limited in the Marriage Act. During the marriage, the shareholder has free control over his shares, but this changes in the event of separation and divorce. In the Marriage Act, property rights are defined so that a shareholder can demand to keep the shares, but the actual value of the shares must be shared with the spouse. If Mr Nyman is divorced, he has the right to keep the shares, but must pay half of the share values ​​to Mrs Nyman, unless the shares are privately owned.

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