Het huwelijkscontract van scheiding van goederen: Pleidooi voor een ‘warme uitsluiting' (The Marital Contract of Separation of Property: Plea for Corrective Clauses) (Dutch)
University of Leuven, Faculty of Law, Department of Private 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; University of Brussels (VUB/ULB) ; Greenille (Attorneys, Notaries and Tax Advisors; Brussels, Antwerp, Amsterdam, Rotterdam)
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
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