Difference between simulation, fraud against creditors, reserves and mental injury.

Posted on 22. Jun, 2009 by John Rodholfo in News

Difference between simulation, fraud against creditors, reserves and mental injury.

The four institutes are called social vices of the legal act and are caused by human malice, can be subject to annulment action and in some cases prescription after 4 (four) years.

SIMULATION: the misleading statement will, in order to obtain a different result from what appears, to deceive others or breaking the law. The simulation will not be a defect in the legal act if there is damage to someone or violation of law. Only injured third parties is that they can demand the nullity of the acts simulated.

FRAUD AGAINST CREDITORS: It is a tricky maneuver to harm others. It is used by the debtor with the intent to harm its creditors. It consists of the sale of assets to the detriment of creditors. Occurs when the borrower reaches a state of insolvency.

MENTAL RESERVATION (simulation innocent): a person who deliberately concealed his true intention with the intent to harm others: Ex: A person writes a book and mark book signing. He says he will allocate 10% of revenue for the area office of a public foundation. The truth is that 10% goes to his pocket.

PERSONAL: is when someone gets an excessive profit taking advantage of the immaturity, need, lack of experience of someone. Ex: usury.

- Profit exaggerated: when the sale value is 5x the market value or when the purchase value reaches 1 / 5 of market value.

- Generate a nullity action, which may be vindicated at any time.

Related posts:

  1. Difference between Bond, Surety and allowance
  2. Difference between Fundamental Rights and Guarantees
  3. Difference between Judicial Interrogation and Personal Testimony
  4. Difference of $ 0.10 makes use desert!
  5. ProUni fraud or lack of care?

One Comment

Name (required)

08. Nov, 2009

Write your comment here ...

Leave a comment

The form of contact and / or comment is intended to allow readers to interact with the authors and should be used in situations of relevance.

In this sense, the authors reserve the right not to answer messages they deem offensive or that have already been answered in the text or in previous comments.

In case of great doubt focused on solving a personal problem, where the authors' opinion will not solve the problem effectively, we recommend that you contact a lawyer, or if you can afford one, with the Ombudsman of its state or Union

CommentLuv Enabled