Interposition of persons – a form of simulation
Interposition of people - form of simulation

Summary/Abstract: The aim of the present paper is to treat one of the most controversial exceptions of the opposability towards third parties principle - simulation with one of its forms: interposition of persons. The paper is structured in four main parts, each having the goal to point out in an objective and diversified manner the features that form the content and the opinions expressed in time. The first part tries to present the historical evolution that the legal institution – simulation – had since the roman law. Next, under a general glance the simulation is analysed. During the short study upon simulation the forms, conditions and its present rules are presented, as well as the opinions of different authors. The middle part of the present study focuses upon the interposition of persons which is in fact the purpose of this paper. The interposition of persons is largely exposed from general to particular. Being the central point of this article, the interposition of persons was minutely debated pointing out the dominant doctrinal opinion in the simulation field. Finally, also on the basis of doctrine, it was outlined a comparison between the simulation form – interposition of persons and the mandate with and without representation. Also, all along the article there were inserted a few cases of judicial practice that best outline the main idea that governs the entire paper.

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