国际私法英文阅读。。。
renvoi. And, indeed, courts seem to have had little difficulty with what appears to be a purely theoretical problem.
A more telling objection centers on the difficulty of determining the choice-of-law rules of another state — a task generally more difficult than ascertaining foreign substantive law. But the forum can control the situation; if another state’s
choice-of-law rules are that difficult to figure out, then it is hard to see what purpose would be served by referring to them.
5.4 Fraud in conflict cases
When the parties (or either of them) create an artificial link with another legal system in order to evade the law which is rendered applicable to their legal relationship by the appropriate choice-of-law rule, we have the case of fraud. The intention of
evading the applicable law is generally held to be a notional element of fraud, which often creates difficulties of proof.
On principle, fraud in selection of law may lead to the application either of the law of the forum or of a foreign legal system. Its commonest form is that of the parties
artificially changing the connecting factor by which the applicable law is determined. This is easy to achieve especially in the case of the so-called mobile connecting factors (place of residence, place of contracting, etc.) but deliberate change in domicile or even nationality is likewise a common recourse.
By fraudulent selection of law, the parties (or either of them) seek to gain individual advantage: either to avoid the undesirable consequences of their legal relationship or to produce a favorable legal effect not incidental to their original legal status. The legal appraisal of and sanctions for fraudulent conduct vary by country. Some legal systems (e.g. the French) adopt a rigorous approach, others take a larger view, and still others (the English, the American) show a tolerant attitude.