2018

Vladimir DIACONIȚĂ, Assistant professor, Faculty of Law, University of Bucharest, Brief considerations regarding fraudulent choices of law; a Romanian perspective


Abstract: This paper aims to lay out a brief overview of the legal doctrine of fraud, in the private international law of contracts. It is divided in three parts, as follows: the first purports to provide an historical background and certain examples of fraud that occurred in international context. The second will present the definition and the conditions of fraud and it will set forth, as well, the arguments why fraud is not incompatible with the principle of party autonomy, it being possible to occur in contractual matters. Finally, the third part will describe the private international law consequences of fraud in contracts.
 
Key words: Fraud, Private International Law, Contracts, Party autonomy


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