La Séparation de Biens Avec Clause de Participation (Marital Contract of Separation of Assets with Participation Clause)
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)
January 1, 2002
RÉPERTOIRE NOTARIAL, LES RÉGIMES MATRIMONIAUX, pp. 977-995, Larcier, 2002
In this paper I analyse the participation clause in the marital contract of separation of assets. This clause serves as an important mitigating obligatory mechanism to answer the striking unfairness of the pure and simple separation of assets contracts, especially upon divorce, that are very popular in Belgium. The four key factors for determining the specifics of this clause are: the participation mass, the participation division key, the participation time (divorce, death, etc.) and the participation modalities. All of these are discussed in detail in the paper.
Note: Downloadable document is in French.
Keywords: Marital Contract, Separation of Property, Participation Clause
JEL Classification: K11, K12Accepted Paper Series
Date posted: September 12, 2011
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