News
Evidence of the concealed contract: the confession cannot make up for the lack of the formal requirement of a written counter-declaration
- 23/05/2022
The Supreme Court, section II, with decision of 5.4.2022, n.10933, in theme of relative objective simulation provided that, for the purposes of proof of the concealed contract that should have been in written form "ad substantiam", it must be excluded that the confession can make up for the lack of the formal requirement represented by the written counter-declaration, necessary for the contract other than the one apparently desired. (In the present case, the S.C. has quashed with deferral the sentence of the territorial court which, on the basis of the confession of the party, had considered the dissimulation of a real estate data in solutum of which there were no elements in the allegedly simulated real estate sale contract) .
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