Redelijkheid en billijkheid in het personen- en familierecht, meer in het bijzonder in het huwelijks- en echtscheidingsvermogensrecht: Wonderolie van flexibiliteit of gif van rechtsonzekerheid?

This PhD thesis studies the application of reasonableness and fairness [redelijkheid en billijkheid] in Dutch case law regarding the law of persons and family law, and more specifically matrimonial property law. In current legal literature, this application has not received much attention. This PhD thesis assessed whether court judgments regarding matrimonial property law include any indications regarding the form of reasonableness and fairness applied there, and the types of reasons that the courts use in this area of law in the grounds of their judgments. The first element, in view of legal certainty, is important because it renders the court’s thought process transparent, thus making it verifiable. The second element shows whether, and if so the extent to which, matrimonial property law complies with the legal and additional requirements that may apply to the reasoning of judgments regarding points of dispute where reasonableness and fairness comes into play. These two elements, like the other aspects of reasonableness and fairness − insofar as possible − were studied using the legal-dogmatic method, a content analysis and the qualitative interviewing method. The aim of this triangulation of research methods is to increase the validity of the research results and is innovative in legal research.