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FRAUD LAW ON PRIVATE INTERNATIONAL LAW. Outline for study

A. Concept of Fraud Act

1.Fraude the law on domestic law: performing a lawful act to achieve an unlawful result.
2.Fraude of Law in Private International Law: institution can reject the application of law otherwise applicable under the conflict rules of the forum, where it is found fraudulent intent on changing the coupling factor for avoid mandatory rules. Bauffremont case, French Cassation, 18/03/1878.
3.Similitudes and differences between the fraud to the law in private international law and domestic law.

Fraud B. Analysis of Law in Private International Law

1.Naturaleza Legal.
2.Supuestos:
a.Objetivos
 Voluntary movements connecting factor that will determine the applicable law. 
evasion of the mandatory provisions of law otherwise applicable. 
b.Subjetivos
fraudulent intent of the parties.
3.Efectos:
a.Having fraudulent acts and legal situations to successful through them is zero. Fraus corrumpit omnia. B.Sólo
effects that are intended to achieve with fraudulent intent are invalid.
4.Críticas:
a.Dificultades inherent to the "transfer" of the concept of fraud to the law of law to private international law. B.Complejidad
proof "animus" of the parties: change voluntarily and fraudulent intent.
c.Posibilidades of finding normally applicable law against which he has committed fraud.
d.Dificultad to establish correctly the effects of fraud in law.

C.

Preferred Areas Matrimonial 1.Derecho
a.Celebración marriage. Examples: 
marriages in Gretna Green, Scotland. 
Neunburg English couple in Switzerland. 
Nuptials of English (as) in German (as) divorced (as) in Tondern, Denmark, etc.
b.Divorcios. Examples: 
Divorce Klesenburg Austrian Catholics, Hungary. 
Divorce married Austrian or French Hungarian Transylvania. 
Divorce Italian in the Republic of Fiume (1920 - 1924). 
Divorce of Americans in some of the States of the Union: Reno and Las Vegas (Nevada). 
Divorce Americans in some Mexican states: Tlaxcala and Morelos. 
Uruguay Argentine Divorce, etc. Companies
2.Régimen:
a. "Tax Havens" Panama
 
Liechtenstein. 
Deleware, USA, etc.
3.Form of Acts
 Holding an event in the country where formal requirements are more convenient.

D. Defenses against fraudulent attitude apart from a general formula for protection against fraud in law. Solutions.

internal 1.Measure aimed at decreasing the gains achieved through the maneuvers performed by the parties.
disadvantageous 2.Aplicación of internal rules to the status achieved by the fraudulent schemes.
3.Utilización by the conflict rules of connection points unchanged or are not susceptible to malicious use or artificial. 4.Precisión
's own conflict rule when the actual connection time.

E. Fraud Act and other similar figures.

1.Abuso of law. Public 2.Orden
Private International Law.
3.Simulación.

F. Comparative Law.

1.Tratados International: American a.Convención
on General Rules of Private International Law (Montevideo, 1979), Article 6.
b.Tratados of Montevideo on International Civil Law. 1889, Arts. 41 and 42. 1940 Article 16. Fraud Prevention Act by the very precision of the conflict rule that specific moment in time the connection (community of property in marriage). C.Convención
Hague on the recognition of legal personality of companies, associations and foundations. It contains a forecast of fraud against the law in general, not referring to the imperative law of a State.
internal 2.Legislaciones:
a.Argentina: Civil Code (1869), Arts. 1207 and 1208, procurement. Civil Marriage Act (1889), Article 2.
b.Francia: theory of fraud in law made by the widely followed doctrine and, although with some reservations, by case law.
c.Bélgica: acceptance doctrine.
d.Alemania: absolute rejection of fraud against the law in private international law (objective doctrine is accepted, which inserts the cases of fraud against the law in the provision broadly defines public policy in private international law).
e.EE.UU.: rejection of fraud against the law.
f.España: Civil Code (1974), Article 12 (4): "It is considered fraud to use the Act of a conflict rule to avoid a mandatory English Law. "
g.Hungría: Decree Law on Private International Law (1979), Article 8: "(1) shall not apply foreign law when it connects to a foreign element artificially created by the parties or by simulation fraud provision legislation to govern normally the case (connection fraudulent). (2) In the case of a fraudulent connection apply the law otherwise applicable under this Decree-Law. "
h.Uruguay: not regulated by law and jurisprudence and doctrine accept it connected to public policy.

G. Fraud the Law on the Venezuelan System of Private International Law.

1.Fuentes International:
a.Código Bustamante, not enshrined. American b.Convención
on General Rules of Private International Law, Article 6.
internal 2.Fuentes:
a.Ley Nationality and Citizenship (2004), Article 48, paragraphs 4 and 8. Interpretation. B.Ley
Private International Law (1998): no general regulation says. Reviews. Comments on Article 23 on change of domicile, divorce and separation. C.Código
Civil, Art 185-A.
3.Jurisprudencia: judgments between 1940 and 1946, to mark the enforceability of divorce decrees issued by Mexican courts (Luis Loreto, Lorenzo Herrera Mendoza).