Recht is Balans is Een Werkwoord (Law is a Balance is a Verb)
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)
October 5, 2000
Rechtskundig Weekblad (RW), pp. 969-978, 2000-2001
This article is based on my key note lectures opening the Judicial year 2000-2001 at the Bars of Leuven and of Ypres. It argues how law, law makers and law practitioners should always attempt to realize a balance between different interests in play. The function and power of law is so vast that we always must realize the serving nature of law. Contributing to fair and just relationships between people, is the key function of law and legal practitioners. I try to illustrate this balancing of law and legal rules with three types of situations: the balance between the creditor's entitlement to information and the debtor's right of privacy in case of execution of debts; the balance between the entitlement of a homemaking or weaker spouse and the right of the other spouse to get all benefits of a contract of separation of assets and the balance between the right of free disposition over one's estate upon death and the entitlement of protected heirs (children) to claim their forced heirship.
Note: Downloadable document is in Dutch.
Keywords: Law, Balance, Creditor, Separation of Property
JEL Classification: K00, K11, K12Accepted Paper Series
Date posted: October 9, 2011
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