Civil Transactions
Civil Transactions Law (17): Simulated Contracts
The Civil Transactions Law regulates cases involving simulated contracts as follows:
- Creditors of the contracting parties and special successors who acted in good faith may invoke the apparent (simulated) contract, and they may also rely on the concealed (real) contract and are entitled to prove the simulation of the contract if it has caused them harm.
- In case of a conflict of interest between concerned parties, where some invoke the apparent contract and others invoke the concealed contract; priority shall be given to those relying on the apparent contract.
- If the contracting parties conceal a real contract behind a simulated (apparent) one, the real contract shall prevail between the contracting parties and their universal successors.
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