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Weg Met de Koude Uitsluiting! (Away with Pure and Simple Separation of Property)Alain-Laurent VerbekeUniversity 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 Abstract: 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, K12 Accepted Paper SeriesDate posted: October 9, 2011Suggested CitationContact Information
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