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NeCede's

Maxim 7.2.24

He acts in fraud of the law who, though the letter of the law being inviolate, uses the law contrary to its intention.

Source: Dig. 1, 3, 29; Weisman, 29q Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) One who technically complies with the letter of a law while deliberately subverting its purpose commits fraud upon the law and will be treated as a violator.

Where this applies

  • A corporation structures a transaction to technically comply with tax law while completely defeating its purpose — the court treats this as fraud on the law.
  • A landlord exploits a loophole in rent-control regulations to effectively raise rent far beyond what the law intended to allow.
  • A developer follows the letter of a zoning ordinance but arranges the project to circumvent its obvious purpose of preserving green space.

Legal domains

Cite this maxim

NeCede Max. 7.2.24 — He acts in fraud of the law who, though the letter of the law being inviolate, uses the law contrary to its intention. — Dig. 1, 3, 29; Weisman, 29q

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