Homosexual Marital Property Law? (Homohuwelijksvermogensrecht?) (Dutch)
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 by Laga
July 30, 2005
LIBER AMICORUM PROF. PAUL DELNOY, pp. 513-531, De Boeck & Larcier, 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.
Number of Pages in PDF File: 20
Keywords: Marital Property Law, Legal regime, Emancipation, Same sex marriage
JEL Classification: K10, K11, K12
Date posted: January 30, 2011 ; Last revised: January 31, 2011