O formă, mai multe fonduri: între interpunerea de persoane, contractul de prête-nom, mandatul fără reprezentare şi angajamentul reprezentantului (mandatarului) reticent
One form, several substances: between the interposition of persons, the prête-nom agreement, the mandate without representation and the commitment of the reluctant representative

Summary/Abstract: The form creates the appearance, and third parties can only be required to respect the legal situation of conventional origin that is publicly inserted in the legal order, in the form that this situation takes. Among the authors of the private rules that make up the complex content of the legal transaction, their internal effects occur directly, the binding force and relativity of legal acts ensuring their effectiveness and enforceability inter partes, attributing to their parties all recognized benefits (rights), respectively keeping them from all the obligations assumed. However, this can only happen to the extent that the legal situation generated by those private rules is respected as such by all those who did not participate in the conclusion of the contract, being asked not to adopt competing behaviors, incompatible with it; these persons are substantially opposed, indirectly, to the legal rule of conventional origin, which thus also produces its external effects. However, this happens only insofar as the opposability of the private norm can be invoked against these persons. The principle is that any legal situation has the ability to be opposable erga omnes, respectively in full. The consequence of the third party's ignorance (in the sense that it should not have known) of the actual pre existing conventional legal situation is its inapplicability, i.e. the impossibility of the holder of that legal situation to oppose to the third party the legal effects of that contract, which thus, to him, are as if non existent.

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