La Revalorisation des Récompenses [Article 1435 du Code Civil] (French) (Revalorizing Compensations between Community and Private Property [Article 1435 Belgian Civil Code])
affiliation not provided to SSRN
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)
September 16, 2011
Journal des Tribunaux, pp. 721-724, 2011
In this article we analyze recent case law of the Belgian Supreme Court (Cour de Cassation, 24 Feb and 18 March 2011) and Constitutional Court (16 Sept. 2010) on a technical issue of marital property law in community regimes: do we need to apply the revalorization rule of art. 1435 CC, taking into account increase in value of a private asset acquired before the marriage and partially financed with community funds during the marriage, paying off the loan contracted for the purchase of that private asset? If there is a sufficient connection between the loan and the financed asset, the answer seems to be affirmative.
Note: Downloadable document is in French.
Number of Pages in PDF File: 4
Keywords: Community Property, Marital Property Law, Compensation, Loan
JEL Classification: K11, K12Accepted Paper Series
Date posted: December 5, 2011
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