Simulation in action or an illusion act of legal nominalism

Abstract

The Romanian Civil Code of 2011 assigned to the legal institution of simulation more articles than the previous Civil Code but, at the same time, imposed the use of fourteen new public registries dedicated to the publicity of rights. Contradiction in terms? Given this legal basis, it remains to be seen in practice whether simulation remains possible in the face of this legal nominalism and if the legal action brought on the grounds of simulation is nevertheless feasible. We hold on to the idea, previously stated that the legal action based on simulation does not have a distinct functional or practical purpose beyond the fulfilment of the plaintiff interest – to promote the annulment, execution, civil liability etc. subsequently. The mere indictment of a juridical lie does not have its purpose in civil law because it is not in search of truth at all cost.