Delphine Boël, daughter of King Albert II

[Tatiana Maria]

Originally Posted by Marengo

https://m.nieuwsblad.be/cnt/dmf20200602_04978601

Alain Berenboom, solicitor of the King, says that the king will not dispute his paternity. There will however be a disagreement about the use of the last name 'de Belgique/ van België' and about the title and predicate that Delphine may use.

Originally Posted by Tatiana Maria

If I read the latest article correctly, Mr. Berenboom is referring to '(princesse) de Belgique / (prinses) van België' as a title, not as a last name. Both sides have already stated publicly that they believe the last name is 'de Saxe-Cobourg / van Saksen-Coburg'.

However, it is odd that Mr. Berenboom expects Ms. Boël to pursue a title when her lawyers have denied it over and over, even a few months ago. It is also odd that Ms. Boël's lawyer now refuses to comment, instead of issuing another denial.

According to the report from Belga, Mr. Berenboom did indeed mean "of Saxe-Coburg" when he mentioned the last name. He apparently describes Princess of Belgium as a "title".

I am not sure how the attorneys could "disagree" in relation to the last name. The Civil Code is clear that if/when Ms. Boël is legally acknowledged as the daughter of King Albert II, it will be her right to adopt her new father's last name.

The statement, and the silence from Mr. Uyttendaele, is strange. Does Mr. Berenboom have grounds to suspect that Delphine Boël might make an about-face on pursuing a title, after years of communicating that she had no interest?

[Pranter]

I can't remember the particulars of Belgium law ...would she have to be a legitimate daughter to qualify for a title?


LaRae

[Tatiana Maria]

Originally Posted by Pranter

I can't remember the particulars of Belgium law ...would she have to be a legitimate daughter to qualify for a title?

The general rule of the Belgian nobility is that titles are only recognized for descendants in legitimate male line, though special remainders have occasionally been granted. I am not sure of the particulars of law - as a matter of fact, there seems to be some confusion around what legislation the rule is founded on.

[Pranter]

Originally Posted by Tatiana Maria

The general rule of the Belgian nobility is that titles are only recognized for descendants in legitimate male line, though special remainders have occasionally been granted. I am not sure of the particulars of law - as a matter of fact, there seems to be some confusion around what legislation the rule is founded on.

Ok so at this point, really all we are talking about is her *right* to use the last name of her father. Which seems to be fairly obvious that she would from what I understand.

Although if they can't decide on what basis the law is founded on perhaps, assuming she wants a title, she might have grounds eventually.


LaRae

[leidi]

So let me get this straight: Delphine will not be in the sucession line but she might get a title?

[Duc_et_Pair]

Originally Posted by leidi

So let me get this straight: Delphine will not be in the sucession line but she might get a title?

In Belgium titles are usually inherited by legitimate descendants. But special reminders can be issued. For so far there is no any talk of a title as Ms Boël herself stated she was not interested in titles.

[KellyAtLast]

is a "special reminder" the Belgian version of the British Letters patent?

[Mbruno]

Originally Posted by Pranter

Ok so at this point, really all we are talking about is her *right* to use the last name of her father. Which seems to be fairly obvious that she would from what I understand.

Although if they can't decide on what basis the law is founded on perhaps, assuming she wants a title, she might have grounds eventually.


LaRae

I am not surprised that Mrs. Boël might petition to use the title of "Princess of Belgium" with the style of Royal Highness, as I have long believed that has been her intention from the start despite public claims to the contrary.



Keep in mind that royal titles are a separate class from titles of nobility and subject to a different set of regulations. My understanding is that Mrs. Boël's possible claim to the HRH is based on Art.2 of the Royal Decree of November 12, 2015, which reads:

Art. 2. Dans les actes publics et privés qui les concernent, les Princes et les Princesses, enfants et petits-enfants, issus de la descendance directe de Sa Majesté le Roi Albert II portent le titre de Prince ou de Princesse de Belgique à la suite de leur prénom et, pour autant qu'ils les portent, de leur nom de famille et de leur titre dynastique et avant les autres titres qui leur reviennent de droit par leur ascendance. Leur prénom est précédé par le prédicat Son Altesse Royale.

Note that text of the Royal Decree does not make any explicit reference to legitimacy, but rather only to the "children and grandchildren, coming from the direct descendancy of His Majesty the King Albert II." There is a catch though: the article applies specifically only to the "Princes and Princesses" who are children or grandchildren originating from King Albert II's descendancy. There is a possible interpretation that "princes and princesses" should be read here as meaning "dynasts" in the sense of "princes du sang" in the old French monarchy, which would in turn imply legitimacy. It will be a great opportunity for the Belgian courts to clarify and settle this matter once and for all.



Even if Delphine gets the HRH, she probably will not be in the line of succession as the Belgian constitution, unlike the 2015 royal decree, is pretty clear about legitimacy:

Art. 85


Les pouvoirs constitutionnels du Roi sont héréditaires dans la descendance directe, naturelle et légitime de S.M. Léopold, Georges, Chrétien, Frédéric de Saxe-Cobourg, par ordre de primogéniture.

EDIT: Just another comment, it is important to stress that Prince/Princess is a dignity in Belgium that is prefixed to the name and is not necessarily associated with the title of "Prince of Belgium", used after the name and other dynastic titles when appropriate (e.g. S.A.R la Princesse Élisabeth, Duchesse de Brabant, Princesse de Belgique). Indeed, a prince or princess may not be a "Prince / Princess of Belgium" or an HRH as is the case for example of Anna-Astrid and Maximilian. The recent royal decree on royal coats of arms also makes that distinction as there are now separate arms for the King, the emeritus King (after abdication), the Duke or Duchess of Brabant , the Princes and Princesses of Belgium who are not the Duke or Duchess of Brabant, and the princes and princesses who are not "Princes / Princesses of Belgium". As I said, I look forward to the Belgian courts finally clariying the meaning of "princes and princesses" in the royal decrees of 1891, 1991 and 2015, as that has been a very controversial issue here on TRF for quite some time.

[maria-olivia]

She never want to be Princess , She just want to have a Father and Grandfather for her Childfen.

[Mbruno]

Originally Posted by maria-olivia

She never want to be Princess , She just want to have a Father and Grandfather for her Childfen.

I find it unlikely that King Albert's lawyer would mention the issue of titles if it were not an issue that is expected to come up in hearing.