Good Faith in Family Law: Magic Potion of Flexibility or Poisonous Uncertainty
PhD student: Mrs Dr E.M.J.M.C. Verhagen
Promotors: Mrs Prof K. Boele-Woelki, Mrs Prof W.M. Schrama
Duration: 1/8/2011 - 31/7/2015
PhD defence: Utrecht, 26/1/2018
As a result of social changes, family law is under a constant pressure for change and flexibility in order to answer new questions. Good faith is an instrument to create flexibility. It appears that the judiciary often uses good faith in situations in which a reform by the legislature is expected, which would be absolutely undesirable. This pioneering study will elaborate on the functioning of good faith in family law on the basis of a large scale case-law analysis and a comparative law method. The result will improve the quality of future legislation and the current dispensation of justice.