De wettelijke huwelijksgemeenschap en verkrijgingen krachtens erfrechtelijke titel en gift

Abstract

The Restriction of Legal Community of Property Act came into effect on January 1, 2018. As a result, what the spouses receive by virtue of hereditary title and gift is now legally excluded from the marital community. That may seem simple, but it is not. In this context (the second part of) this thesis, numerous situations and doctrines are discussed, with the main question in each case: what is the extent of the marital community in which the heir or donee is married? Prior to this, an alternative view on ownership and the property law structure of the fractional community is elaborated (in the first part). This alternative view serves as a proposal for a better systematic solution to a number of points from the second part. On the basis of transitional law, the Community Property Restriction Act only applies to communities that came into existence after January 1, 2018. Communities that were created before then are governed by the regime of the 'old' complete legal community of property. This means that both communities will coexist for a long time. This dissertation therefore also discusses the scope of the overall legal community of property in connection with inheritance and gifts.