Nulitate absolută contract de împrumut pentru cauză ilicită. Actul confirmativ intervenit între părţile contractului cu scopul încheierii ulterioare a unui act de dare în plată fraudulos

Absolute nullity of the loan contract for illicit cause. Confirmatory act between the parties to the contract for the purpose of the subsequent conclusion of a fraudulent deed of gift in payment

Abstract

A confirmatory deed cannot be confused with a loan contract proper, which, in order to be proved unequivocally and to be enforceable against the third party in the form intended - a deed of guarantee - had to take the form prescribed by law.

Thus, proof of the loan contract requires the existence of a written document, at least under private signature, setting out for each transaction the amount borrowed, the repayment term and the conditions of the loan. Moreover, given the nature of the loan as a real contract, it is necessary, for each individual amount borrowed, to provide clear evidence of the...