Unele consideratii privind simulatia în procesul civil
certain considerations regarding the simulation in the civil action

Summary/Abstract: The possibility of invoking the simulation of a civil action is an important supporting point convenient for those injured by the behavior of certain persons who would try to “make use of the justice” in bad faith, as a fender intended to keep hidden the actual legal relationships among them. The article examines the legal and doctrine-related arguments regarding the possibility of the existence of the simulation in the civil action, either as a simulated transaction or as the simulated civil action. The new provisions of the Civil Code are highlighted, acknowledging the possibility of invoking the simulation of a civil action (art. 2.278 paragraph 1 of the Civil Code in the matter of the simulation of the transactions, and article 679 of the Civil Code, in the matter of the simulation of the partitions). The article exposes as well, the existing case law in relation to this topic, both the consecrated case law, accepting the declaration of the simulation of a transaction agreement, and the recent one, acknowledging the possibility of declaring a civil action as being simulated.

• Details
• Contents