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Contra legem och in fraudem legis i svensk och tysk rätt
Linköping University, Department of Management and Economics.
2003 (Swedish)Independent thesis Advanced level (degree of Magister)Student thesisAlternative title
Contra legem and in fraudem legis in Swedish and German law (English)
Abstract [en]

The legal conception of contra legem derives from Roman law and is translated into "against the law". A decision contra legem arises when the text of law and the legislators purpose of law are disregarded. A paradoxal consequence is that there will always be a decision contra legem, when the text of lawand the legislators purpose of law are contradictory. It is therefore important that decisions contra legem are based on legitimate motives to ensure law and order. In fraudem legis is another legal conception from Roman law and is translated into "evasion of law". Eventhough both Swedish and German law in theory wants to separate in fraudem legis from legal acts made up for apperence, Swedish Supreme Court (HD) often treats them more or less the same. In practise it has often been regarded as too difficult to separate the parties intentions from the actual performed legal act.

Place, publisher, year, edition, pages
Ekonomiska institutionen , 2003. , 55 p.
Master Thesis in Business Administration (Magisteruppsats från Ekonomprogrammet), 2003:13
Keyword [en]
Law, against the law, contra legem, evasion of law, in fraudem legis, interpretation, law and order
Keyword [sv]
National Category
URN: urn:nbn:se:liu:diva-1637OAI: diva2:18961
Available from: 2003-09-08 Created: 2003-09-08

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