One Million Red Ribbons

Now, in times of crisis, it is very difficult to strike a bargain sale of real estate. What previously was seen as a given time (eg, the desire not to show the full cost of the contract to avoid paying taxes, or purchase a share in a communal apartment through a cooperative agreement grant to not receive waivers of pre-emption), now treated very badly. But is it as dangerous or as safe habitual ways address issues of real estate? In this article we look at the basic, key moments of "unconventional" solutions to problems arising in the contract of sale of real estate. Typically, peak resolving their issues, the parties resort to sham transaction. Part 2 Art. 170 of the Civil Code defines a sham transaction as a "bargain, which committed to cover up another deal." For example, a contract of sale shares an apartment is often replaced by contract donation. The reason for the invalidity of sham transactions that the parties initially did not want her to do, the will and the will of their simulation on the full match, but that's because both the will and the will was directed not to the legal result, and the fiction, the relationship is not governed by the law – which is why sham transaction receives no protection. What is the difference from the sham transaction imaginary? Imaginary recognized the transaction, which are committed only to the form, without the intention to create its corresponding legal consequences. And the imaginary and feigned transaction is null and void. If a fraudulent deal to be invalid, then a sham transaction rules that would apply to a transaction which the parties actually had in mind, taking into account the nature of the transaction.