Zuivere Scheiding Van Goederen Verbieden (Prohibiting Marital Contracts of Strict Separation of Assets)
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)
August 10, 2001
AJT - Algemeen Juridisch Tijdschrift, pp. 671-672, 2001
In this brief paper, I summarize my key arguments against the continental tradition of upholding marital contracts of pure and simple separation of assets without any corrective or mitigating mechanisms. I argue that such contract should not be enforceable and that automatic mitigation should be applied. Both married partners as cohabitants in a durable relationship should share (trough participation claims) the gains (from labor or equivalent income) that have been accumulated during the relationship.
Note: Downloadable document is in Dutch.
Keywords: Marital Contract, Separation of Assets
JEL Classification: K11, K12Accepted Paper Series
Date posted: September 11, 2011
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