The Role of the Principle Fraus Omnia Corrumpit in the European Union: A Possible Evolution Towards a General Principle of Law?

Abstract

The concept of fraud refers to situations in which a person attempts to gain rights granted by a rule of law on the basis of deception, malicious intent, or dishonesty. Yet, according to the principle fraus omnia corrumpitfraud vitiates everythinga person can never rely on a fraudulent act to justify the application of a rule of law to his own prot. Thus, this principle will refuse the application of a rule of law which is obtained on the basis of fraud. In this way, the principle fraus omnia corrumpit operates as a corrective mechanism to the absolute and unlimited application of a rule of law through reliance on fundamental moral standards, such as good faith, fairness, or justice.