Civiel - En Fiscaalrechtelijke Bedenkingen Bij het Finaal Verrekeningsbeding en het Alsof-Beding in het Huwelijkscontract van Scheiding van Goederen (Civil and Tax Comments on Participation Clauses in Marital Contracts of Separation of Property)

Abstract

This is a substantial study on the application of participation clauses in Belgian law as corrective mechanism in a marital contract of separation of property. All aspects of both the redaction of the clause, with many variations and hypothetical options, as well as its civil and fiscal qualification are profoundly examined.

It is the third occasion in the nineties of such examination of that clause in my research, after my Ph.D thesis in 1991 and my article on corrections on separation of property in 1995.

Since these first studies, my thoughts have been developing on some minor points such as the qualification of the so-called surplus of article 1464 Civil Code (see later publications of 2001, 2003, 2005, 2007, 2008, 2009, 2010, 2011). However the basic reasoning as developed in these first three "nineties" articles, has not changed and remains valid.

Note: Downloadable document is in Dutch.

Keywords: Marital contract, Separation of Property, Participation Clause, Marital Advantage, Inheritance Tax

JEL Classification: K11, K12