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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Contra legem och in fraudem legis i svensk och tysk rätt / Contra legem and in fraudem legis in Swedish and German law

Lindberg, Christina January 2003 (has links)
<p>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.</p>
2

Contra legem och in fraudem legis i svensk och tysk rätt / Contra legem and in fraudem legis in Swedish and German law

Lindberg, Christina January 2003 (has links)
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.

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