Voorwerp van Schenking Bij Levensverzekering (Dutch) (Object of a Donation in Life Insurance Contracts)
Alain Laurent P. G. Verbeke
University of Leuven, Director Rector Roger Dillemans Family Property Law Institute, Codirector Institute for Contract Law, Codirector Leuven Center for Notary 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; Greenille Attorneys
September 15, 2011
Intersentia, pp. 379-389, 2011
The beneficiary appointment in a life insurance contract may qualify as an indirect donation under Belgian Law. A typical issue for discussion is the object of such donation: the insurance fees paid or the capital paid out in case the insurance contract is executed? We argue that the latter thesis must be followed and find support for this point of view in recent case law of the Belgian Constitutional Court (2008 and 2010).
Note: Downloadable document is in Dutch.
Number of Pages in PDF File: 12
Keywords: Life Insurance, Beneficiary Entitlement, Indirect Donation, Object
JEL Classification: K11, K12Accepted Paper Series
Date posted: December 5, 2011
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