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Simulation according to the New Romanian Civil Code


Journal: Bulletin of the Transilvania University of Braşov. Series VII : Social Sciences and Law
ISSN 2066-7701

Volume: 5 (54);
Issue: 2;
Start page: 95;
Date: 2012;
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Keywords: simulation | fictive act | disguise | public deed | apparent act

Simulation arises when for two parties and for the same legal relationship there are two legal acts (more precisely two variants of the same legal act) that have different contents, especially essential provisions. One of the two juridical acts is referred to as a public act or the apparent act (but, in fact, simulated), being stated as such by the parties and reflecting the ”official”( but false) variant of the agreement between the parties, as it is, reached in front of the Notary, of the lawyer or a private signature act. The other mentioned act is the secret act (referred to as the secret agreement), which represents, in fact, the true agreement between the parties, but it is not included in an official act, being known only by the parties.
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