Simulation by interposition of persons. Proof of simulation between the contracting parties. The effects of simulation in the relationship between the parties. Legal nature of the action in simulation

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

As between the contracting parties, who have concluded the secret legal act, proof of simulation shall be provided under the conditions of common law relating to proof of legal acts. However, the parties may prove that the document is fictitious if they were morally unable to produce a document in advance to prove the legal act.

Even if the action for a declaration of simulation can be duplicated by the action for a declaration of invalidity, they should not be confused. Where the legal transaction is lawful, the sanction of simulation is the unenforceability of the secret act against third parties and of the legal situation arising from it, and not the annulment or absolute nullity.