Pravo (Jun 2008)
EVADING THE LAW (FRAUS LEGIS) IN INTERNATIONAL PRIVATE LAW
Abstract
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.
