Zuivere Scheiding Van Goederen Verbieden (Prohibiting Marital Contracts of Strict Separation of Assets)
AJT - Algemeen Juridisch Tijdschrift, pp. 671-672, 2001
Posted: 11 Sep 2011
Date Written: August 10, 2001
In this brief paper, I summarize my key arguments against the continental tradition of upholding marital contracts of pure and simple separation of assets without any corrective or mitigating mechanisms. I argue that such contract should not be enforceable and that automatic mitigation should be applied. Both married partners as cohabitants in a durable relationship should share (trough participation claims) the gains (from labor or equivalent income) that have been accumulated during the relationship.
Note: Downloadable document is in Dutch.
Keywords: Marital Contract, Separation of Assets
JEL Classification: K11, K12
Suggested Citation: Suggested Citation