Evasion of the law

Evasion of the law is a principle of private international law sometimes adopted in common law jurisdictions. It usually mean the manipulation of connecting factors between the lex fori and the lex loci so that a particular legal result may be arrived at thus evading the law of the forum. A common example was divorce in parts of the world that had no divorce law. The spouse wishing a divorce would go to a jurisdiction where divorces were allowed and would establish residence there. She or he would then petition the local court and a divorce would be granted. Sometimes these divorces would be recognized in other countries, sometimes not.

In French private international law (under the civil law system) a similar concept is known as fraude à la loi. One very famous case in civil law jurisprudence is known as the Princess Bauffremont affair decided by the Cour de cassation in 1878 [Civ. 18 mars 1878, S.78.1.193 (note Labbé)]. The princess obtained citizenship in Germany for the purpose of obtaining a divorce there and then remarried returning to France and attempted to re-establish herself in France. The validity of her remarriage was called into question as divorce was not recognized in France, her remarriage was declared null as a fraude à la loi. it was also declared null in Belgium, but for other legal reasons, i.e. she had no authority as she was married to a French citizen.