Frauda şi consecinţele ei juridice în dreptul privat român

Rezumat

Finding the inconsistencies and the incoherent items in the Romanian case‑law and doctrine, the author of the study intended to examine the fraus omnia corrumpit principle, which is a creation of the judicial practice and of the doctrine of the 19th century. In this approach, the author started from the notion of fraud in a broad sense, and afterwards he presented a summary of the applicable legal rules which, in one way or another, sanctioned the different types of fraud. Afterwards, the notion of fraud is analyzed in a narrow sense of fraud relating to law, consisting in a bad faith behavior by which certain legal provisions are used for the illegal circumvention of other provisions. The New Civil Code regulates a case of absolute nullity for an illegal reason under the name of fraud relating to law, with certain mismatches. However, the fraus omnia corrumpit principle, in the author’s view, remains valid, as it is the only legal instrument useful for the praetorian solution of various forms of fraud relating to law, which are not classified into the legal regulation included in the Civil Code.

Keywords: fraud; fraud relating to law; fraus omnia corrumpit; illegal reason; penalties; nullity; unenforceability.