Research Renate Barbaix

Abstract

Belgian intestate inheritance law aims for mathematical equality between all children of the deceased. However, an equal division is not always perceived as equitable, leading to various inheritance conflicts. Consider, for example, two children who receive an equal share of the inheritance, while one child was the only one to take care of the parent for many years, protecting the value of the inheritance from the costs of at-home care. The proposed research first seeks to uncover the different types of inheritance disputes, and to examine how case law currently deals with them. It then proposes to draw inspiration from the law of obligations and contract law, as well as from foreign legal systems (France, the Netherlands and England). In this way, it will be possible to finally explore the role an equity correction mechanism could play in Belgian inheritance law.

Researcher(s)

• Promoter: Weyts Britt
• Co-promoter: Barbaix Renate
• Fellow: Leire Damiaan

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project

Abstract

This project aims to perform a first mapping of the instruments, frameworks, and perspectives that are relevant in preventing, detecting, and addressing elder abuse in Belgium. The results of this research will provide the foundations for future research aimed at establishing and implementing an interprofessional protocol that is able to adequately respond to elder abuse.

Researcher(s)

• Promoter: Van Assche Kristof
• Co-promoter: Barbaix Renate
• Co-promoter: Bastiaens Hilde
• Co-promoter: Peremans Lieve
• Co-promoter: Swennen Frederik
• Co-promoter: Van Royen Paul

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project

Abstract

According to intestate inheritance law, one's descendants inherit the property of his estate. The sole criterion for intergenerational inheritance rights is legal parentage. However, parentage neglects different family situations. Despite the societal evolution to families of choice (e.g. blended families, homo-sexual couple with children), children who are only biologically or socially related to the deceased, do not inherit because of the requirement of legal parentage. Furthermore, because legal parentage is sufficient to inherit, financial need of heirs and the quality of the relationship with the deceased are not taken into account for the entitlement to intestate inheritance rights. Yet, the European Court of Human Rights and the Belgian Constitutional Court take into account a broader variation of family situations. This tendency should also be noted in foreign legal systems, such as The Netherlands where it is possible for stepchildren to inherit equally to legal children. Also in other Belgian domains of law legal parentage is not an exclusive criterion. For example, in maintenance law children who are only biologically related to their parent can claim maintenance. These evolutions question the function and criteria of intergenerational intestate inheritance law. Thus, this research will verify whether legal parentage is necessary to inherit, and whether it is sufficient. To answer this question the function of intergenerational inheritance law will be determined.

Researcher(s)

• Promoter: Barbaix Renate
• Co-promoter: Swennen Frederik

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project

Abstract

Belgian intergenerational intestate inheritance law is parentage-based. The sole criterion for intestate inheritance rights is legal parentage. However, parentage neglects different family situations. Today the societal understanding of family relations is no longer limited to legal parentage relations. There has been an evolution to families of choice (e.g. blended families, homo-sexual couple with children). Despite this evolution, children who are only biologically or socially related to the deceased, do not inherit because of the requirement of legal parentage. Furthermore, because legal parentage is sufficient to inherit -neither financial need nor any criteria other (such as a good relationship) is required-, situations of financial need of heirs and the quality of the relationship are not taken into account for the entitlement to intestate inheritance rights. Yet, the jurisprudence of the European Court of Human Rights and the Belgian Constitutional Court do take into account a broader variation of family situations and have evolved to a less parentage-based approach. This tendency should also be noted in foreign legal systems, such as the Netherlands where it is possible for stepchildren to inherit equally to legal children. Also in other domains of Belgian law, legal parentage is not an exclusive criterion to give entitlement to certain rights. For example, in maintenance law children who are only biologically related to the deceased can claim maintenance from the estate of their biological parent, if they are in financial need. These evolving societal and legal perspectives give rise to questions about the contemporary function and criteria of intergenerational inheritance rights. Thus, this research will verify whether legal parentage is necessary to inherit intestate, and whether it is sufficient to inherit. To answer this question the function of intergenerational inheritance law in the society will be determined.

Researcher(s)

• Promoter: Barbaix Renate
• Co-promoter: Swennen Frederik
• Fellow: Wuyts Linde

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project

Abstract

Acquisitive prescription ("verkrijgende verjaring") is a manner of property acquisition: somebody who has had the possession during a certain period of time of a proprietary right (right of ownership or an in rem right like usufruct), receives that right. The current Belgian legal framework concerning acquisitive prescription is rather complex and illogical. Moreover, recent case law of the European Court of Human Rights gave an important impulse to critical reflection on acquisitive prescription. The subject has an important practical relevance (e.g. sale of a good (e.g. a stolen vehicle) from a vendor, who afterwards appears not to be the owner; cohabitants or heirs become posessers of valuable goods (e.g. bonds) and discussions in reference to the action for revindication in seizure procedures). This research proposal aims to supply a coherent, clear and well-founded comparative law theory with the necessary (policy) recommendations via an in-depth analysis of acquisitive prescription with a thorough and critical analysis of its two constitutive conditions: possession and term. On the one hand, the research will critically analyze the current system of the acquisitive prescription, with a special focus on its justification, and on the other hand it will test its conformity with the national and international sources (principle of equality and protection of ownership) and its value of topicality ("actualiteitswaarde"). The central research question is: To what extent is the current legal framework concerning acquisitive prescription tenable (in the light of national and international evolutions) and which adjustments can be proposed?

Researcher(s)

• Promoter: Carette Nicolas
• Co-promoter: Barbaix Renate
• Fellow: Van de Voorde Johan

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project

Abstract

The main purpose of this KP BOF-project is to conduct fundamental, intradisciplinary research on the consequences of group life insurances on matrimonial property law. Notwithstanding the high practical relevance, the application of the Insurance Act causes uncertainty in legal practice due to its incompatibility with the principle of equality in the Constitution. This project aims to accessibilize the legal practice and to construct a clear, certain, workable, acceptable and coherent theory.

Researcher(s)

• Promoter: Barbaix Renate

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project