A Sham Transaction

Now, in times of crisis, it is very difficult to bargain sale of real estate. What was once perceived as a given time (eg, the desire not to show the full cost of the contract to avoid paying taxes, or purchase of a stake in a communal apartment in the deed of gift to not receive waivers of pre-emptive right to buy) is now taken very serious. But is it really as dangerous or as safe habitual ways Real estate issues? In this article we look at the basic, key moments of “unconventional” solutions to problems arising from the contract of sale of real estate. Typically, solving their pi issues, the parties resort to sham transaction. Part 2 of Art.

170 of the Civil Code defines a sham transaction as “a deal that made with the purpose of concealing another deal.” For example, a contract of sale is often replaced with flat share agreement donation. The reason for the invalidity of sham transactions that the parties initially did not want her to do, will and the will of their simulation on totally identical, but that’s because both the will and the will was directed not to the legal outcome, and the fiction, the relations are not regulated by law – that’s why feigned transaction does not receive any protection. What is different from the sham transaction imaginary? Imaginary recognized transactions which are made only for the species, with no intention to create the appropriate legal consequences. And the imaginary and feigned transaction is null and void. If fraudulent deal is repealed, then pretended to deal rules that would apply to a transaction which the parties actually had in mind, given the nature of the transaction. For example, if the husband gave his wife an apartment to avoid a trial on the treatment of belonging to him real estate, but the actual transfer of the apartment was not, then this transaction recognizes the imaginary. .