Simulación de actos jurídicos: teoría, acción y los efectos de su declaración

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 pa...

Full description

Saved in:
Bibliographic Details
Main Author: Deik Acosta-Madiedo, Carolina
Format: Article
Language:Spanish
Published: Universidad del Norte: Ediciones Uninorte 2010
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=3648515
Source:Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 34, 2010, pags. 377-409
Tags: Add Tag
No Tags: Be the first to tag this record
Summary: 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.