EVADING THE LAW (FRAUS LEGIS) IN INTERNATIONAL PRIVATE LAW

• Main Authors: Biljana Petrović, Snežana Prelević
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2008-06-01
• Series: Pravo
• Subjects: evading the law, evading the justice, imperative norms, jurisdiction of authorities, different legal systems
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/422

The matters of evading the law are, usually, imperative norms that impose certain ways of behavior and exclude a possibility of the parties to regulate their relationships through an agreement. For the sake of regulative security and providing legal effect of civil-legal relationship in foreign countries, it is recommended that the national court or the administrative authority, if there is a suspicion that some parties try to evade the foreign law, stop the process until the matter is not solved. After receiving a notification from a foreign organ on the procedure in international legal aid regarding this matter, the process may continue and a decision can be brought up depending on positive or negative answer. Specificity of evading the law consists in formal and legal proceeding of a client according to the letter of the law, but against the spirit of the law. If we add the fact that this is the matter for a foreign country and that application of different legal systems may be applied, we get an international dimension and a possibility of viewing the problem of fraus legis as a complex problem.