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Negotium mixtum cum donatione and simulation

  • 05/11/2020

The Supreme Court, section II, with sentence of 30 October 2020, n. 204040, established that with the negotium mixtum cum donatione, the parties make an indirect donation using the accordance that they declare to put in place, and that they actually stipulate, to obtain a purpose that differs from the cause or function typical of the accordance itself, while in the relative simulation an accordance is apparently stipulated, while, in reality, another one is created that is incompatible with it.

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