Claim for simulation. Objection of the lack of interest

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

The claim for confirmation of the simulation of the sale contract as a disguised donation, although an independent claim, a claim for confirmation, indefeasible, its result may only be used if the accompanying claim or the subsequent potential claim did not reach the limitation term. Claimants show an obvious lack of interest in filing this claim because the limitation term of the claim for reduction of excessive gifts has already ended, consequently, if the court admitted this claim, there would be no subsequent material benefit. The claim for confirmation of simulation is patrimonial, and is mainly intended to protect a patrimonial right, therefore it is not sufficient that the interest raised by claimants be moral, which derives from their capacity as descendants with equal rights of the parents who gave gifts to one son only.