Creditor's claims on a joint estate

The hypothesis of this study is that the current Belgian legislation does not contain clear guidance/rules about the creditors claims whose debtor only has a share or equitable or beneficial rights on a joint estate. Moreover, it is heavily debated which rights creditors own  when their debtors only have a survivorship on a (im)movable. Based on comparative legal analysis and historical legal analysis of existing legislation, policy documents, doctrine and case law in Belgium and neighboring countries, the aim of this thesis is to develop a framework of reference to test the differences between universitas iuris and universitas facti.  When developing this framework of reference, different elements based on the results of the comparative and historical legal analysis will be taken into account. Based on this framework of reference and a balance of underlying values such as the freedom of contract, efficiency and legal certainty, a best practice regulation for creditors claims on a joint estate will be developed. The objective of this study is to gain a better understanding of the legal concept of estate.