Wel:Kitty schreef:Sorry, ik hoop dat je het niet erg vind dat ik geen zin heb een half boek te gaan lezen.
3.3. The Dutch approach to the get problem
There has been an informal proposal to introduce a specific provision in the legislation to cope
with this problem, as is the case in the United Kingdom (see below) and in some other countries,
like South Africa, Canada and the US (the State of New York). The suggestion for a similar
amendment to the Dutch legislation has not resulted in any adaptation of the Civil Code,
however.21 To discover how the get problem is addressed in Dutch law we therefore have to study
the (scarce) case law. The judgment by the Dutch Hoge Raad (Supreme Court) on January 22,
1982, is considered to be the leading authority and it is therefore worthwhile to discuss it more
extensively here. 22 In a divorce request a woman inter alia requested that her husband be ordered
by the court to cooperate in a procedure before a rabbinical court in order to procure a divorce
in accordance with Jewish law. In its decision of December 4, 1979, the District Court declared
that this request was inadmissible. It observed that according to Article 1:30 of the Civil Code
– in its formulation at that time – only the civil aspects of a marriage should be considered. The
court could not therefore decide on any consequences of a divorce which had a religious nature.
On March 4, 1981, the Court of Appeal of Amsterdam upheld the decision of the court of first
instance. It observed in an obiter dictum on the question at issue that, having regard to a letter by
the Supreme Rabbinate of Utrecht, it had no means to compel the husband to procure a get.
According to the Court of Appeal it was unacceptable to assume that a civil court possessed
powers in the field of a religious marriage that were not available to the religious court concerned.
The claimant lodged an appeal in cassation against this judgment before the Supreme
Court. This court chose a completely different approach. On the point at issue it observed that
the fact that the Supreme Rabbinate had no powers to force the husband to procure a get did not
exclude that such a refusal may be qualified as an unlawful act. It could be a violation of a rule
of unwritten law pertaining to proper social conduct vis-à-vis his divorced wife. If that was the
case a Dutch court could order him to cooperate. Whether the refusal of a get is unlawful has to
be determined having regard to special features of the case concerned. The court mentioned in
that connection the extent to which the wife was restricted in the free development of her life, the
nature and seriousness of the objections of the man against cooperation in the procedure and the
costs involved, having regard to the financial position of the parties and the willingness of the
woman to pay the costs. In other words, the Supreme Court tried to reduce the problem to a
balancing of interests within the framework of the law on unlawful conduct (tort).The Supreme
Court referred the case to the Court of Appeal in The Hague, which ordered the man to cooperate
under threat of a judicially imposed penalty (dwangsom).
Nee. Niet direct, althans.Heb je trouwens een link naar zo'n joodse rechtbank?
Heb jij er een naar een Islamitische dan?
Ik betwijfel of zulke "rechtbanken" in de regel überhaupt online zijn.
Wel heb ik dit artikel: http://www.trouw.nl/krantenarchief/2008 ... chter.html
Meen je dit?En waar wijkt deze rechtbank af van onze normale rechtbank?
Vraag je nou echt waarin een religieuze rechtbank afwijkt van een seculiere rechtbank?
De Joodse wet kent bovendien ook de doodstraf, net als de Sharia.
