Evasion of law in international private law

Abstract

The doctrine of evasion of law (fraus legis) in international private law represents a fundamental challenge to legal certainty and jurisdictional integrity in cross-border legal relationships. This article examines the contemporary manifestations of law evasion, particularly in digital commerce and international contracts, where parties deliberately manipulate connecting factors to circumvent mandatory provisions. Through comparative analysis of European Union regulations, including Rome I Regulation (Article 3(3) and 9) and recent judicial interpretations, the study proposes a comprehensive framework for detecting and preventing evasive practices. The research demonstrates that traditional conflict-of-law rules require substantial modification to address sophisticated evasion techniques in modern international transactions. The proposed solution integrates mandatory rules doctrine with enhanced judicial cooperation mechanisms, offering practical implementation strategies for the legal system of the Republic of Uzbekistan. This framework strengthens legal predictability while preserving party autonomy within legitimate boundaries.