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
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
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, K12
Date posted: December 5, 2011