Solidarity and autonomy in acquisitions regimes

Each matrimonial property regime entails a unique balance between the spouses’ individual autonomy and their duty of mutual solidarity. Some regimes pursue either maximum autonomy or maximum solidarity. However, other regimes adequately balance autonomy and solidarity. These are the acquisitions regimes: they reflect solidarity in the equal distribution of the spouses’ assets obtained during the marriage, while autonomy is reflected in the exclusion of several personal assets from this distribution. Nonetheless, this interpretation of the balance between solidarity and autonomy is merely a broad and superficial one. The acquisitions regimes form a heterogenous group, consisting of community and participation regimes; default and optional regimes. The balances these regimes achieve may therefore no longer be as similar when considered in detail. Up until now, such thorough approach, that also considers all types of acquisitions regimes, has not yet been attempted. Therefore, this research aims to close this gap. Through a comparative analysis that surpasses different types of regimes and that compares their technical operations regarding property relations between spouses in sufficient detail, a nuanced and sophisticated understanding of the balance between autonomy and solidarity and of the acquisitions regimes can be uncovered. Such knowledge is additionally essential to further improve the existing regimes, as well as to develop a harmonised European regime.