D. Krachtlijnen Voor Een Wettelijk Huwelijksvermogensstelsel (Guidelines for a Legal Marital Property Regime)
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)
March 6, 2001
ALGEHELE GEMEENSCHAP VAN GOEDEREN AFSCHAFFEN? pp. 33-62, Kluwer Publishing, 2001
In this article I argue what criteria should govern a legal marital property regime, i.e. the property system that is put in place upon marriage when spouses have not made a prenuptial agreement or marital contract. These criteria are transparency, mainstream and fairness. Applying these criteria I suggest four guidelines for an adequate marital property systems: 1. Entitlement to some participation in the property; 2. Participation mass limited to gains acquired during the marriage or relationship; 3. Equal participation key with corrections if inequitable; 4. Community system with internal effects only. I then give a technical analysis why and how such community property might be preferred over participation claims or the traditional community property with external effects towards third parties and creditors.
Note: Downloadable document is in Dutch.
Keywords: Marital Property Law, Legal Regime, Guidelines
JEL Classification: K11, K12Accepted Paper Series
Date posted: October 9, 2011
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