Privire comparativă asupra efectelor simulației față de terți în vechiul și Noul Cod civil

Rezumat

It is noteworthy that the current Civil Code has got more provisions regarding concealment than the Civil Code from 1864.  This is a notable thing in a more formalist legal system, based on specific mechanisms conferring rights and obligations regarding the rigorous form imposed frequently ad validitatem for various contracts.

The current Civil Code lists the persons who belong to the third party category. In regards to the consequences of concealment to third parties, it is acknowledged that the enforceability is a sanction for the secret act, which leads to inefficiency for the same act between concealment parties.

In the conflict of the third party, in this matter, it is noted the change of the legislature perspective in the context of giving favor to the apparent seller creditors in the detriment of the apparent acquirer creditors, is valid only if their claim was born earlier than concluding the secret act.