SIMULAŢIA. EXPLICAŢII ASUPRA DISIMULĂRII VOINŢEI REALE A PĂRŢILOR

Iulian DEDU*

* Iulian Dedu, masterand Facultatea de Drept, Universitatea Transilvania Braşov, email: iulianionutdedu@yahoo.ro.

Abstract: Simulation. Explanatory considerations on the dissimulation of real intentions of contractual parties. Based on contractual liberalism, parties initiated across time various juridical operations, some with unlawful intentions and others unlawful by nature. This was the case of simulation, a leading juridical institution concerning hidden juridical effects of the contracting parts. Simulation, as seen as a juridical operation, aims towards falsifying the real parts effects. Moreover, the action of simulating is closely linked to the idea of phony apparition, concentrated as an intentional misrepresentation of truth.

In other words, simulation can be presented as a deliberate juridical falsehood, its primordial aim being of misleading, falsifying the true inter-human will. Generically,...