Homosexual Marital Property Law? (Homohuwelijksvermogensrecht?) (Dutch)
LIBER AMICORUM PROF. PAUL DELNOY, pp. 513-531, De Boeck & Larcier, 2005
20 Pages Posted: 30 Jan 2011 Last revised: 31 Jan 2011
Date Written: July 30, 2005
In this article, the question is raised why upon the introduction of same sex marriage no one has raised the issue whether one should take for granted the automatic application of the legal marital property law that was made for heterosexual couples. The argument goes that in the heat of the emancipation fight, there is no room for subtleties of this nature. However, after obtaining the equal position in marriage, one should take up the issue whether the typical mainstream legal regime, in continental systems a community of gains, is a misfit for homosexual couples. Would a separation of property with a participation right at the end of the marriage be more suitable?
Note: Downloadable document is in Dutch.
Keywords: Marital Property Law, Legal regime, Emancipation, Same sex marriage
JEL Classification: K10, K11, K12
Suggested Citation: Suggested Citation