Alain Laurent P.G. Verbeke

• KU Leuven

Tijdschrift voor Privaatrecht 2023, 405-448. In 2018-2019 analyseerden wij samen met 150 masterstudenten Familiaal vermogensrecht aan de KU Leuven 778 recente vonnissen en arresten inzake de vermogensrechtelijke gevolgen van de feitelijke samenwoning. Het onderzoek toonde ten eerste aan dat het merendeel van de gedingen tussen (voormalige) feiteli...

Emotions play a central role in the process of conflict and resolution. For a mediator, it is important to recognize emotions correctly and act upon them. Whether interventions are appropriate depends to a large extent on the ability of mediators to accurately perceive the emotions of conflict parties. Particularly in hierarchical labor conflicts,...

Mediation has found an entrance in the agenda of policy makers and dispute system designers for several reasons, including its claim to improve access to justice. Yet, there are still many questions regarding the type of conflicts that is really suited to be mediated, and how to design mediation systems capable of delivering the benefits claimed. I...

Governance of family wealth Governance of family wealth is multifaceted in nature. In order to deepen our understanding of this topical issue, the current article offers a framework to grasp the complexity of family wealth governance. In doing so, the authors make a distinction between family wealth, socioemotional wealth, and family dynamics. The...

Organization studies have investigated transformational leadership and employee engagement as key variables in the field. Recent calls in the literature propose further investigation of the link between leadership and engagement, through different levels within the organization. Hence, the current study examines the leadership–engagement relationsh...

Although a small country, Belgium has a mind boggling governance model. Starting out in 1830 as a highly centralized francophone nation, under pressure of the Flemish movement, the country has developed into a federal system. Since the 1960s, it has witnessed an ongoing process of reforming its structure and institutions. The distinction between Re...

Despite the increasing use of e-mediated services to settle divorce, research on its effectiveness is limited. In this paper, we investigate the effectiveness of an asynchronous e-supported tool to mediate divorces in the Netherlands. In order to do so, we rely on (a) the number of agreements reached and (objective) (b) with the help of a survey, w...

This Memo explains the Model for classifying and evaluating legal and criminological research as it has been approved by the Faculty of Law of the KU Leuven in March 2014.It suggests criteria for distinguishing between star academic research, academic research, non-academic research and popular publications. The six headlines of the model are: -Qua...

In this article I present a consistent theory for reforming Belgian Family Property Law and adapting it to a modern 21st century society. This includes the plea for matrimonial property law to open up as relational property law for all intimate conjugal relationships that are durable (e.g. 5 years domiciled together). I also argue that contractual...

This article provides a first commentary and analysis on an important new Belgian law changing many aspects of inheritance law. The rules of indignity are modernized. This implies important changes in the rules of substitution and especially of collation of gifts upon decease. Indignity also has been extended to a patrimonial indignity of sorts, in...

In Western societies, family law has transformed from a hierarchical relationship into a system of genderneutral equality aspiring terms. Many families however, still apply traditional, gendered patterns in their division of labour and family life, even in a country like The Netherlands which is characterised by strong gender egalitarianism. In thi...

This article gives an analysis of the resolution, both as to the conflict of laws implications and the rules on a European inheritance certificate. We also discuss how this relates to the existing national certificates.

In this Memo I have developed a model with criteria to primarily classify legal research through a method of self-assessment. The model chooses to move away from quantity and from determining quality merely based on the place of publication, such as high ranked journals or law reviews or very reputed presses. The model aims at escaping the quantita...

In this article I make a claim against off shore trusts and foundations as useful estate planning vehicles for Belgian residents. My point is that such structures may end up causing a nightmare both from the perspective of tax law and of civil law. On the fiscal side, the Belgian tax administration makes a strong argument for taxation both on the l...

Analysis of a specific matrimonial contract clause on distributing the total community property to one designated spouse. This clause was approved and considered valid by the Belgian Supreme Court (Cour de Cassation) in its landmark decision of 10 December 2010. However the Belgian tax administration refuses to accept the judgment and its fiscal co...

Belgian Report on Federalism and Legal Unification.

In this Op Ed I comment on the new budget program of the newly formed Belgian government and I argue that not the poor (rightly so) nor the extreme rich, but the wealthy (primarily Flemish) middle class will pay for the crisis. I criticize the Belgian tax legislation since it is not able to create a transparant and efficient balance between individ...

In this paper we explain the clause of property administration and argue that it can validlly be added as a binding clause in gifts and wills. We analyse a list of counter arguments and attempt to rebut all of them.

In this article we first analyze the history of law journals in Flanders and describe the evolution towards the current situation of a vast variety of law reviews. We have seen an explosion of journals with ever more focus at one particular niche of the law. This brings several risks for the quality of the journals. We then speculate about the futu...

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 acquir...

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...

This book offers an up to date analysis on the Belgian real estate contracts law, with focus on the promoter, the expert and the architect.

This article analyses the Belgian law on certification and its application on company shares in combination with Dutch Foundation vehicles. Certification is a classic estate planning device splitting control with legal ownership from beneficial ownership.

In this paper we argue against the ambiguity and somehow also hypocrisy in the regulation of gambling law, with national states claiming the power the regulate and the EU supervising through the Court of Justice, in lieu of leading the dance with effective supranational legislation.

Many European member states claim the need for an autonomous gaming law policy based on their culture, tradition and moral values. In the online world of today, where national boundaries have evaporated and the unity of the world has become a one second reality, these arguments to the very least sound outdated and weak. It does not seem unrealistic...

In this contribution we explore the possibilities and use of mediation clauses in bye-laws. We first explore the concept of mediation, the many definitions and different styles and approaches and define what we consider mediation in its strict sense. We then explore the use and practice of mediation in company law, to continue with some thoughts on...

In this article I explain some basic concepts of problem solving negotiation as opposed to positional bargaining. The three tensions (R.H. Mnookin); how to prepare for a; three parallel processes in a negotiation (the Negotiation Loop); how and when to make a first offer?

In this article I analyse how undivided assets may be compatible with a marital contract of separation of property. The argument goes that one should approach the problem not from marital property law, but from the framework of general property law. There is a doctrinal discussion in general property law on the application of article 815 of the Bel...

Short memo on some trends in the management of private estate.The financial crisis created the paradox that wealth is even more widespread than ever before. Belgian economy, without a federal government for over a year, is doing astonishingly well, and more people are richer than ever. The crisis enhanced consciousness about money and wealth, creat...

Een goed onderhandelaar/bemiddelaar beschikt niet enkel over uitstekende juridische competenties. Andere vaardigheden en (psychologische) inzichten zijn minstens even relevant. Knelpunten Onderhandelen en bemiddelen van contracten biedt u daarom een multidisciplinair drieluik waarin de voornaamste struikelblokken worden geanalyseerd. In de eerste b...

This is the power point presentation including link to the live video of the lecture, of my inaugural lecture at the University of Brussels where I was awarded the Belgian Francqui Chair 2010-2011. In the first part of the lecture I identify three causes of the negative imago of lawyers, being their ambiguous relationship with truth, with clients a...

This presentation is the backbone of a lecture I gave on March 25, 2011, in Brussels, at the Belgian Federal Parliament at a conference organized by the Christian Democratic Party on the Reform of Inheritance Law. It is based on research of the last ten years. In the presentation, five publications that serve as the basis for the reasoning are ment...

In this article I argue that legal certainty and security in an area of law may easily be disturbed by doctrinal articles that argue, not necessarily with much justification, for positions that are beneficial for the tax administration. Indeed we have seen how the Belgian fiscal authorities have changed their position and analysis in several instan...

In this interview I comment, together with philosopher Koen Raes, on the social inequality that may arise because of the existing rules of inheritance law. I argue that the blood relationship is too strong to abolish this as a basic principle for inheritance law. However this is only valid for family property, passing through generations. For the m...

In this article we comment on the Belgian Cour de Cassation decision of 10 December 2010. The Supreme Court approves the legal and fiscal validity of a clause in marital contracts of community property whereby the entire community is awarded towards one spouse nominatim. This clause is used in extreme situations where one of the spouses is terminal...

In this text, I question the current ambiguity and hypocrisy as to member state centered regulations for gambling services. It is time to move beyond the state borders and implement a transnational EU gambling regulation, made adequate and effective with the help by strong national gambling authorities, coordinated under the umbrella of one Europea...

A dialogue on the issue that as long as the Belgian political crisis is not feeling like a hurting stalemate, no need for solution is really felt. Only a sense of urgency may make solutions such as an external mediator acceptable. However, we feel like the emergency is there already, right now.

Presenting five out of the box routes to get out of the Belgian conflict, ranging from an external mediator, the better use of humor, genuine empathetic problem solving collaborative negotiation, over guardianship by the European Union, to, yes, violence. I am arguing that we should not take for granted the peacefulness of the conflict.

In this article we discuss recent developments and issues in Belgian property law regarding joint and undivided ownership. We comment on the different sorts of undivided ownership with a focus on coincidental and conventional joint property. As to the fist, we discuss the rights and obligations of co-owners on their undivided part. Here we comment...

Short Memo explaining important clause in Belgian marital property practice, confirmed by the Supreme Court in December 2010.

In this article we briefly comment on the Belgian Cour de Cassation decision of 10 December 2010. The Supreme Court approves the legal and fiscal validity of a clause in marital contracts of community property whereby the entire community is awarded towards one spouse nominatim. This clause is used in extreme situations where one of the spouses is...

Arguing on the need for an external mediator to resolve the Belgian political stalemate.

This book provides a number of differing views on the consequences of the stream of gambling related case-law from the European Court of Justice and political debates alongside current regulatory developments occurring within five Member States. © 2011 by Koninklijke Brill NV, Leiden, The Netherlands. All rights reserved.

Arguing the need for a genuine out of the box approach for the Belgian political stalemate, including changing the players by introducing an external mediator and changing the process by changing the focus from the means (devolution) to the end (an efficient government saving the wealth of a rich country with strong social security mechanisms).

In this article I argue the need for a substantial reform of Belgian Inheritance Law, including the possibility for inheritance contracts, reducing the claim of blood relationship and forced heir-ship rules, introducing a distinction between family property and marital gains, awarding a preferred claim to the spouses on those marital gains as the p...

Interview with Netto De Tijd: In this interview I argue that Belgian inheritance law is outdated. A substantial reform is needed, not the small ad hoc changes that some politicians are envisaging. Forced heirship rules should be abolished. A distinction should be made between family property passed through generations and partner property, establis...

In this chapter I analyse the Belgian marital contract of separation of property, both civil law and tax aspects, including several issues such as: Strict separation of property and separation of property with corrective mechanisms such as an Added Community or a Participation Clause. The latter comes in many variations, limited or not to marital g...

In this report, I argue that the protective rules for non common children of the parents of article 1465 Belgian Civil Code should not be applied to a child of the deceased that was adopted by the surviving spouses even if such adoption was not full but ordinary, limiting the legal consequences to the adopting parent and not extending them to his o...

In this article I evaluate the new Belgian Appartment Act according to the principles I have proposed in an earlier publication in TBO 2008, 172-176: solidarity, transparance and information, pragmatism. My conclusion is that the new law offers good solutions for most of the problems. I argue however that the new law is envisaging too exclusively t...

This book offers an introduction in all aspects of property law and specific contracts under Belgian Law. The four parts are: (1) general principles of property law(2) contracts of transferring property (with co-ownership and sale as main topics)(3) contracts of use and enjoying property (with lease and usufruct as main topics)(4) service and trans...

This book offers an introduction in all specific contracts under Belgian Law. The three parts are built around the contracts of transferring property (with sale as main contract), enjoying property (with lease as main contract) and service contracts (with building contract and agency as main contracts). There are no footnotes, only bibliographic se...

In this contribution we explore the feasibility of harmonizing the law of succession in Europe. This is an area that is traditionally considered to be too much culture impacted to be harmonized. We first explore the concepts of comparative law, ius commune and harmonization. Then some typical solutions for problems of succession law are analyzed: t...

Op-Ed written two days after the landslide victory of Flemish nationalists NVA and Francophone socialists PS in the federal elections of June 13 2010. I argue that the extreme differences between these two winning parties create opportunities. As negotiation scholars know very well, value is created more by trading on differences than on similariti...

In this article, I sketch a general framework for the theory of marital advantages between spouses under Belgian Law. These are transfers between spouses in the context of their marital property regime that are deemed for consideration. Being no donation such transfers remain immune to claims from forced heirship entitlements. These marital advanta...

This book is the seventh volume of the second edition of the Treatise Estate Planning, offering an analysis on topics such as insurance, accrual clauses, trust, lower tax rates, and geographical planning.

In this article I criticize the practice under Belgian law of accepting marital contracts of strict separation of property that create unequitable results upon divorce for a spouse who was not active on the labor market and had not the opportunity to generate income and build up some patrimony. The solution in my view is both curative, through a le...

The Belgian Conflict between Dutch speaking Flemish and Francophones has a long history that has come to a culmination point with the political and institutional crisis since June 2007. After a brief analysis of the conflict, this article focus is on the role of the media in such conflict. Media in the North and the South of Belgium are separated a...

The article situates the Belgian reconciliation commission in construction cases in the field of evaluative mediation and binding third party decision making. This is illustrated by 27 cases of that commission. Furthermore, the article explores several features of the procedure before the commission.

This paper is the draft text of a lecture given at a Conference on Organizational Change organized by the Committee of Science and Ethics of the University of Leuven, KUL, on October 9, 2009. From a legal perspective I have presented two types of framework operating in two dimensions or on two levels. There is a regulatory and a contractual legal f...

The conflict between Dutch speaking Flemish and the Francophones in Belgium has a long history. It is explained by a marriage methaphor, where the couple is at the verge of a separation or breakdown. The paper first analyses the background of this intense conflict. Then the focus is, given the divided society of today, on the key issues of the conf...

Despite the legal equality between husband and wife in marriage, there remains an enormous factual inequality that does not seem equitable. Many women remain in a weak financial and economical position, given the possibility in many continental jurisdictions such as Belgium, France, the Netherlands, to adopt a marital contract of strict separation...

This article is the concluding chapter of the multi-disciplinary book on Imperative Inheritance Law in which several scholars have analyzed the issue from five different perspectives: anthropology of law, history of law, sociology of law, law and economics and comparative law. All five perspectives indicate that inheritance law is converging toward...

This paper offers a substantial and profound analysis of the three characteristics of a donation or gift inter vivos under Belgian law. The text is structured around these features: contract, immediate, irrevocable. The article is an update and actualisation of my original comments in the same book, written in 1992.

The paper distinguishes between mediation sensu stricto and sensu lato and claims that mediation in its strict sense must be facilitating, not evaluating. The article also explores the role of lawyers/attorneys of parties in an negotiation. Finally, arguments pro and contra caucus are examined, concluding with a prejudice against caucus.

Comparing Community property contract with separation of property with participation clause: the test of the four risks: divorce, forced heirship rules, creditors and tax. The result is in favor of the participation clause.

Briefly pointing out that corrective mechanisms mitigating the harsh effect of pure separation of property may be combined.

Brief analysis of civil qualification of participation clause for more than gains: marital advantage or donation?

Explaining how transfers between spouses in marital contract may be qualified as marital advantages, not as donations, thereby protecting against forced heirship and presumed to be for consideration. Also pointing out the distinction between perfect and imperfect marital advantages.

This book deals with issues of Agricultural Leases under Belgian Law. It gives an original analyses of this area of law from four different perspectives: the notary, the agricultural business practice, the Justice of the Peace and the Supreme Court.

This book deals with Sale of movables under Belgian contract law. It includes papers on the distinction between goods and services, the Belgian consumer sale Act and the Vienna Convention on international sale of movables.

This book bundels all Editorials and Perspectives on Estate Planning I have written as the Editor-in-Chief of the Estate Planning Journal (Tijdschrift Estate Planning - TEP) in the period from 2005 until end of 2008. The book therefore offers a nice view on the evolution of discussions and relevant topics in the area of estate planning in Belgium a...

The article suggests three major principles to be used as guidelines for the reform of the Belgian Apartment Law: solidarity, transparency and pragmatism.

The Belgian Conflict between Dutch speaking Flemish and Francophones has a long history that has come to a culmination point with the political and institutional crisis since June 2007. After a brief analysis of the conflict, this article focus is on the role of the media in such conflict. Media in the North and the South of Belgium are separated a...

In this article the theory of marital advantages under Belgian law is explained. The majority opinion accepts such advantages between spouses to be qualified as contracts for consideration, both in community and separation of property systems. The importance of such civil legal qualification as well as the tax consequences are examined.

Analysis of the Belgian Federal System.

Arguing on a governing model for the University of Leuven.