The theory of fraude: autonomous concept of law or undervalued corrective mechanism?

This project aims to determine the scope and function of the broadly applied general principle of law Fraus omnia corrumpit </>(theory of fraud), according to which one can never rely on a fraudulent act to justify the application of a rule of law to its own profit. The scope of application, the conditions of application, and the  legal effects thereof will be defined, since they are subject of debate. Further, the relation between the principle Fraus omnia corrumpit</> and other concepts or general principles of law will be examined. Forthis, the discussed principle can fulfil three possible functions (witheach time different legal effects): a mere explanatory function for other concepts of law; a corrective mechanism which excludes the application of rules of law in case of fraud; or the function of a fully autonomous concept of law. The results of this research will provide a new insight into the role of general principles of private law in the hierarchy ofsources of law. The correct scope and function of the principle Fraus omnia corrumpit</> are still uncertain in Belgian law due to a lack of fundamental research, contrary to other systems of law. Innovativeresearch (according to internal and external comparative law and a functional-inductive approach) will result in fixing the contours of this principle, which will lead to higher legal certainty. On a European level,Belgium will be able to define its own point of view during debates on this principle.

Keywords:Scope of application, Conditions of application, legal effects, Functions

Disciplines:Law

Project type:PhD project