Resumo

ACOSTA-MADIEDO, Carolina Deik. Simulation of legal acts: Theory, action and effects of its declaration. Rev. Derecho [online]. 2010, n.34, pp.377-409. ISSN 0121-8697.

From this analysis concerning the most debated issues of the theory of simulation of legal acts, which has been developed by scholars and Colombia's highest Courts, one may conclude that simulation is the agreement between two or more people to legally portray the existence of a contract, or parts thereof, in disagreement with their real intention. The action of simulation can be attempted by the contracting parties or by third parties to whom certain and actual damages are caused. Whoever claims the simulation bears the burden of its proof. In this area, the Court has a lower demand of factual consistency and more freedom to appreciate the evidence in order to find and declare the truth behind the apparent business.

Palavras-chave : Simulation; legitimation; interest; evidence appreciation.

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