Circumvention of the law as a conflict of private and public interest (on the example of the Republic of Belarus)

Abstract

There are a number of issues in international economic law that have received sustained or occasional attention. We believe one of the most curious – “circumvention of the law” (agere in fraudem legis). The specificity and problems of circumvention of the law are very deep and ambiguous and are the subject of controversy at the national and international levels [1, 2]. The most common application of this institution is in economic and private international law. The Belarusian legal system is no exception. Thus, article 1097 of the Civil Code of the Republic of Belarus [3], entitled "Consequences of circumventing the law", addresses this issue. Based on the analysis of the Belarusian concept of circumvention of the law and doctrinal approaches, the author considered the concept of agere in fraudem legis a reasonable legal institution