Het huwelijkscontract van scheiding van goederen: Pleidooi voor een ‘warme uitsluiting' (The Marital Contract of Separation of Property: Plea for Corrective Clauses) (Dutch)
Alain Laurent P. G. Verbeke
University of Leuven, Director Rector Roger Dillemans Family Property Law Institute, Codirector Institute for Contract Law, Codirector Leuven Center for Notary Law; Harvard Law School; University of Leuven, Faculty of Psychology; Tilburg Law School Department of Private Law and TISCO; Catholic University of Portugal (UCP) - Católica Global School of Law; Greenille Attorneys
April 4, 1995
De evolutie van de huwelijkscontracten, pp. 81-191, Antwerp, Kluwer, 1995
This is a very profound and substantial contribution that is leading for Belgian law, in the area of separation of property and corrective clauses. First, I make a comparative analysis on the basis of which I argue that a counsel who advises a strict contract of separation of property without warning the couple for the harsh consequences thereof, does not behave professionally ethically. Furthermore, I give a clear definition and criteria for determining the marital property regime as being community or separation. The key is in the automatic and immediate community status of income from labor. I also explain how common or undivided masses may have three different qualifications: the ordinary undivided mass on the one hand and the community property in a community regime on the other hand. In between we find the internal community in systems of separation of property.
Furthermore I analyse all ins and outs of both the internal community property added to a separation system and the participation clauses.
The text also offers up to 67 possible clauses for marital contract.
Note: Downloadable document is in Dutch.
Number of Pages in PDF File: 56
Keywords: Marital Property law, Marital contract, Community Property, Separation of property
JEL Classification: K11, K12Accepted Paper Series
Date posted: April 14, 2011
© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo2 in 0.359 seconds