Weg Met de Koude Uitsluiting! (Away with Pure and Simple Separation of Property)
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 6, 2001
Weekblad voor Privaatrecht, Notariaat en Registratie, No. 6464, pp. 945-952, 2001
Arguing against the unfair and inequitable consequences of a marital property system of pure and simple separation of property, especially in case of divorce. Pleading for a legal ban on such system as marital contract. There should be an imperative system of participation in marital gains for each marriage and durable intimate relationship. Continental jurisdictions do favor the contractual autonomy in this regard over equity and fairness.
Note: Downloadable document is in Dutch.
Keywords: Marital Contract, Separation of Property
JEL Classification: K11, K12Accepted Paper Series
Date posted: October 9, 2011
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