Gesetzesumgehung im Zivilrecht

Martina Benecke deals with the problem of evasion of the law, which is as old as the law itself. Is a certain kind of behavior an inadmissible evasion or merely an act of legal creativity? Although the term evasion of the law is often applied, there is actually no real corresponding theory. The author of this treatise begins by examining the principles of evasion: history of the law, comparative law, delimitation from other institutions, statutory prohibition of evasion and the relationship between evasion of the law and interpretation. She then addresses the basic problem of evaluation by developing criteria which are comprehensible from a practical point of view and by examining the approach from the standpoint of legal method.