Evasion Of the Law
Evasion of the Law in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Evasion of the Law, produced by Tetley, in the context of admiralty law: A principle of the conflict of laws, better known in civilian jurisdictions (under the French name “fraude à la loi”) [Translation of Evasion of the Law in Spanish: “fraude de ley”] [Translation of Evasion of the Law in Italian: “violazione di norme di legge”] [Translation of Evasion of the Law in German: “Rechtswidrige Umgehung eines Gesetzes”] than in common law jurisdictions, which consists of the intentional and improper manipulation of contacts (connecting factors), in order to avoid invalidity under the principle of public order/public policy (see this maritime law term in this legal dictionary), to avoid a compulsorily applicable law or to avoid the most appropriate jurisdiction. Evasion of the law must be contrasted with “avoidance of the law” (see this maritime law term in this legal dictionary), which is the acceptable arrangement of connecting factors for a legitimate purpose in an agreement, usually between two equal bargaining parties, in order to select an applicable law or jurisdiction. (Tetley, Int’l C. of L., 1994 at pp. 135-172.)
Evasion of the Law in Admiralty Law
For information on evasion of the law in this context, see the entry on evasion of the law in the maritime law encyclopedia.