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Article . 2008
Data sources: DOAJ
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EVADING THE LAW (FRAUS LEGIS) IN INTERNATIONAL PRIVATE LAW

Authors: Biljana Petrović; Snežana Prelević;

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.

Keywords

evading the law, evading the justice, imperative norms, jurisdiction of authorities, different legal systems, Criminal law and procedure, K5000-5582, K623-968, Civil law, Commercial law, K1000-1395

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold