Wat is een huwelijksvoordeel? (What is a Marital Advantage?)

In this paper we sketch the criteria for a theory of marital advantages in Belgian marital property and inheritance law. The argument goes that the articles 1464 and 1465 of the Belgian Civil Code determine the rules and limits for property transfers between spouses to be qualified as for value and consideration (immune for forced heirship claims by children). Above a certain cap, these transfers may remain marital advantages, however for that fraction not immune anymore to such forced heirship claims. We argue that this theory applies to both systems of community property and separation of property