THE SITUATION OF SUCCESSORS IN THE MATTER OF SIMULATION
THE SITUATION OF SUCCESSORS IN THE MATTER OF SIMULATION
Author(s): Nicoleta ȘestacovSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: simulation; legal operation; secret agreement; third parties; counterletter; universal successor; successor with universal title;
Summary/Abstract: This study aims to present the regime of simulation in civil law, which allows contracting parties to keep their true agreement hidden. In addition, simulation illustrates a legal operation that intends to create a judicial appearance, established in the public act deliberately made by agreement of the parties which does not exist or is different with that which was really executed in the secret act also called counterletter that produces the real effects. Moreover, this paper will focus on the rights of the universal successor and the successor with universal title in relation to the counterletter and if they are entitled to ignore the benefits and the obligations created by the secret agreement. In this sense, the conditions, forms and effects of the simulation will be analyzed with the legal provisions in force.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: XII/2023
- Issue No: XII
- Page Range: 470-478
- Page Count: 8
- Language: English