A.9.8. The ‘reasonable consideration’

To assess whether there is a reasonable consideration in the sense of article 4:126 paragraph 2 under a DCC, the economic value should be use as starting-point. Specific circumstances can increase the value of the actual consideration.This starting-point is in line with the fact that the provision for pseudo-specific legacies is a provision in the context of the protection of various creditors. It is not a facility for business successors. See no. 3.3.3 of chapter IV. Indeed, in the case of a pseudo-specific legacy (against contribution) the criterion of ‘economic value’ is also used for the recovery and the reduction. As regards the legitimate (recovery) I would see no objection to the ‘value within the legal sphere’ (rechtssfeerwaarde) constituting a reasonable consideration. As regards the reduction, I do see this as an objection.