Ownership on the divide: a legal framework for the possibilities and consequences of a division of ownership in Belgium
PhD student: Mr N. Appermont
Promotors: Mrs Prof E. Van der Velde, Prof N. Carette
Duration: 1/10/2013 - 30/9/2017
PhD defence: Hasselt, 11/9/2017
According to current Belgian law, a division of ownership is not possible. Moreover, Belgian law is not familiar with the concept of the trust, where the property rights to the trust goods are divided into a legal and equitable title. But, because of the need to apply trust-like structures, they are often replicated by using recognized legal figures, such as foundations, certification institutions and corporations. In other cases, trusts are set up abroad. These practices pose many problems, because there is no fundamental groundwork with respect to the division of ownership in Belgium. This causes (tax) authorities to struggle with such structures. The aim of this project is to provide a groundwork for such a division, taking into account its tax consequences.