De exhibitieplicht

PhD ceremony: Mr. J. Ekelmans, 16.15 uur, Academiegebouw, Broerstraat 5, Groningen

Thesis: De exhibitieplicht

Promotor(s: prof. H.B. Krans

Faculty: Law

Winning or losing a case may depend on whether or not access is gained to evidence contained in documents or computer files. Consequently, the answer to the question if such documents and computer files should be disclosed if so requested, is of great practical importance. This research provides the answer to said question.

The starting point of the research is a discussion of the background of the current legal regulation in the Netherlands. Next, the development of the right to obtain documents under American law is discussed.

Subsequently, the author discusses systematically when there is currently a right to obtain documents and on what grounds the production of documents may be refused. It is discussed how the regulations with regard to the production of documents relate to the regulations applicable to other evidence such as witness examination.

In conclusion, the following topics are discussed:in what manner the right to obtain documents may be enforced in legal proceedings, whether or not documents may be seizedand also how the right to obtain documents may be enforced in international proceedings.

The subject matter of this research has the attention of the legislator, too: the Minister intends to propose a bill on this issue. The researchis concluded by a proposal for a new legal regulation. This proposal may be also be understood to be a summary of the author’s opinions.