The simulation. Enlightening points on the dissimulation of real intentions of contractual parties

Abstract

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, simulation has been explained by using the action of simulacrum, falsification. By simulation’s nature, the reality is duplicated.