Het Alsof-Beding in Gevaar? (Participation Clauses in Danger?)
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)
February 5, 2003
NFM - Notarieel en Fiscaal Maandblad, pp. 199-208, 2003
In this article I argue how the court of first instance in Antwerp erroneously analyzes and applies participation clauses. I try to explain the essential features of such clause and why it is valid under Belgian marital property law. The judgment of the court of first instance has been rejected later on by the Court of Appeal in its famous 2004 judgment.
Note: Downloadable document is in Dutch.
Keywords: Marital contract, Separation of Property, Participation Clause
JEL Classification: K11, K12Accepted Paper Series
Date posted: October 17, 2011
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