Este omul de paie un simulant?
Is the straw man a malingerer?

Summary/Abstract: This study contains a detailed analysis of the forms of the relative subjective simulation in the current Civil Code, with reference to the practice of the courts of law and to comparative law issues. Therefore, following the summary of the general issues relating to simulation (i.e. regulation, notion, structure and forms), this study examines simulation by interposition of persons, mandate without representation (the prête-nom covenant) and the relationship between simulation by interposition of persons and the mandate without representation. Following the examination of the above-mentioned issues, during the conduct of the study, important conclusions are drawn as regards the affiliation of the mandate without representation to the family of simulation and to the scope and meaning of the concept of “straw man”.

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