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RESEARCH PRODUCT

The diversion of institution

subject

description

The diversion of an institution is a notion which was established by the jurisprudence of the « French Court of Cassation », in the early 1990s, about adoption and the phenomena of surrogate mothers.From a chronological point of view, the diversion of institution first broke away from the studies of the doctrine dedicated to the abuse of rights , and was first used by the jurisprudence in labour law, before being dedicated to family rights. Because it deals with diversion of the finality of a legal system institution, it is often confused with the abuse of rights, the abuse of power, and fraud of the law or similar. Nevertheless, common points between the diversion of institution and other means of protection of the legal system must not hide a real autonomy of the concept of " diversion of institution ", both from the point of view of the notion and of the legal regime which is applicable.