Pozorność, zakaz użyczenia formy aktu notarialnego czynności i czynności częściowo odpłatne
The Simulation, the Prohibition of the Lending of the Notary Form and Mixed Gifts

Summary/Abstract: The article concerns various problems resulting from gross inequivalence of performances, especially mixed gifts. Moreover, the problems of the lending of the form of a simulated legal act to the dissimulated one, primarily the notary form are described. This is a notion that if the contract of sale be simulated and concluded in the notary form whereas a gift is dissimulated, the notary form of the former spreads to the latter so that the latter is valid. According to older decisions of the Polish Supreme Court, this lending was permitted, however, the court changed its opinion in 2001. Since then, it is no longer possible to lend the form. If the parties conclude a hidden mixed gift which is more similar to a sale than to a donation, then the lending takes place, otherwise not. In the last case the contract is deemed to be simulated and void.

• Details
• Contents