Die grobe Unbilligkeit von Scheidungsfolgen

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Abstract Up to now, family law literature was lacking a holistic view on the rules to prevent inequity in case of financial provision on divorce. This book fills the gap by tracing nature and role of equity and by critically analysing the rules to prevent inequity regarding equal share in money and property, pension sharing, and alimony.

The present work examines German law regarding gross inequity in the financial provision on divorce in a new way. It starts with a general section in which the fairness concept in terms of legal philosophy and legal history is developed. In the particular section, the rules to prevent inequity are individually examined. The “de minimis” rule § 18 VersAusglG and the “simple” fairness norm § 1578 b BGB (reformed on 01 March 2013) are also taken into account.

The major result of the analysis is that distinctions between all rules to prevent inequity are justified neither in lawmaking nor in application of law.