摘要：The world which gave birth to the New Civil Code is significantly different than the world of the 19th century of the Old Civil Code, as the development of social relationships has been tremendous in the last century, many more people participating actively in society and thus having more incentive to resort to the complex mechanism of simulation in order to mask their true intentions. Thus, the lawmaker of 2011 in Romania has been a lot more careful to describe the effects of simulation between the parties of the simulated contracts, especially in regard to the third parties who acted in good faith. In trying to protect these latter, five articles of the New Civil Code govern these complex relationships which stem, basically, from an instinctual tendency of humans to lie. Also, through-out the 150 years in which the Old Civil Code (inspired by the Napoleon Code of France of 1804) has been in force, tomes of legal literature tried to remedy its obvious deficiencies. In the New Civil Code these suggestions and conclusions, as well as many ideas which stem from court rulings have been assimilated into law. This short paper tries to give a short analysis on these changes and to glimpse at the way the legal professionals involved in interpreting the law will assimilate them.
关键词：simulation;apparent contracts;sham contracts;effects of simulation;differences between the Old and New Civil Code
