Evading the law (fraus legis) in international private law

Автор: Petrović Biljana, Prelević Snežana

Журнал: Pravo - teorija i praksa @pravni-fakultet

Рубрика: Original scientific work

Статья в выпуске: 5-6 vol.25, 2008 года.

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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 5 Andrić, I., Znakovi pored puta, Beograd 2005, knjiga I, str. 45. 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.

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Evading the law, evading the justice, imperative norms, jurisdiction of authorities, different legal systems

Короткий адрес: https://sciup.org/170203717

IDR: 170203717

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