Acţiune în simulaţie. Simulaţie prin interpunerea de persoane. Condiţii

Action for declaration of simulation. Simulation by interposing people. Conditions

Abstract

In order to be in the situation of simulation by interposing people, certain conditions must be cumulatively fulfilled: the existence of two agreements (one public, one secret), the secret agreement must be simultaneous or prior to the public one, the agreements must be concluded between the same persons with the intention to appoint as beneficiary another person than the person in the public agreement.

Even if the understanding concluded between the parties, as a secret document, meets the requirements of a verbal agreement, the act of awarding as a public document does not meet the requirements of art. 1.294 of the civil Code regarding the sale contract, since we do not have the owner’s act of will to sell an asset, but an enforcement by which a third party, with duties in the stage of enforcement of obligations, transfers the...