Abstract

GALIANO MARITAN, Grisel. The Feigned Business: Sale and Purchase Under the Donation Appearance. Opin. jurid. [online]. 2021, vol.20, n.42, pp.447-468.  Epub May 19, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n42a18.

The article approaches a topic that has acquired great practical relevance in Cuba for the growing development of the contractual relationships and the existent modifications starting from the promulgation of the Ordinance-law n.° 288 of October 28th 2011 and Decree 320 of December 31st 2013: the simulation of the juridical business, especially of the sale and purchase under the appearance of a donation contract that previously, for prohibitive reasons, sought to be achieved through other juridical businesses. The objective of the present investigation is to base the possible validity of the feigned sale and purchase contract, starting from the existent doctrinal and legal suppositions. The work will follow a qualitative methodology by means of the use of methods and technical characteristic of a social investigation, of juridical type, like the historical-logical one, the exegetical- analytic and the artificial comparison methods. The main result consists of the proposal of the dogmatic budgets that establish the possible validity of the feigned sale and purchase once declared null the feigned donation business that served as a mask.

Keywords : juridical negotiation; simulation; sale and purchase; donation; proof; validity.

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