Abstract
Abstract This chapter describes and analyses the Dutch rules on mandatory family protection. It starts with a historical overview, leading to the Civil Code of 1838 with its forced heirship (on the French model). In 2003, the Netherlands moved from this forced heirship (in kind) to a compulsory portion (in value) for descendants (on the German model). For the surviving spouse and the children the new Civil Code introduced ‘other statutory entitlements’ in the form of a right of usufruct and lump sums. The results is a hybrid system of family protection, with both civil law (fixed portion) and common law (discretionary claim) features. The chapter sheds light on a number of problems arising from this complex system, such as the role of gifts. It concludes by arguing that the compulsory portion can be abolished.
Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
