Acţiunea în declararea simulaţiei
Action to set aside a simulated transaction

Summary/Abstract: This study contains a detailed analysis of the action to set aside a simulated transaction in the current Civil Code, with reference to the practice of the courts of law, to comparative law issues, as well as to the legal regime of this action as regulated by the 1864 Civil Code. Thus, the study contains general aspects regarding the action to set aside a simulated transaction with reference to: the autonomy of this action by highlighting the object and the cause, the definition of the action to set aside a simulated transaction, as well as its qualification. Also, the study includes procedural law aspects regarding: the conditions governing the action to set aside a simulated transaction, the non-applicability of statutory limitations to this action, the rules of evidence and aspects regarding the corresponding judicial stamp duty. As regards the effects of the action to set aside a simulated transaction, the study makes the distinction between: the effects between the parties, the universal successors and successors by universal title, the effects to third parties and the effects in the relations between third parties. Finally, the autonomous nature of the action to set aside a simulated transaction is highlighted again by delimiting it from the oblique action and the Paulian action.

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