Voorwerp van Schenking Bij Levensverzekering (Dutch) (Object of a Donation in Life Insurance Contracts)
Intersentia, pp. 379-389, 2011
12 Pages Posted: 5 Dec 2011
Date Written: September 15, 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.
Keywords: Life Insurance, Beneficiary Entitlement, Indirect Donation, Object
JEL Classification: K11, K12
Suggested Citation: Suggested Citation