Zuivere Scheiding Van Goederen Verbieden (Prohibiting Marital Contracts of Strict Separation of Assets)
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; Antwerp Management School; Tilburg Law School Department of Private Law and TISCO; Catholic University of Portugal (UCP) - Católica Global School of Law; Greenille Attorneys
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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