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發表於 2023-12-12 13:25:36 | 顯示全部樓層 |閱讀模式
The consequences of the difference between the will and its manifestation and the incorrect making of the will are regulated by the provisions on defects in declarations of will. Disadvantages of a declaration of will Section IV of the Civil Code regulates the defects of a declaration of will, including apparent nature. Pursuant to the provisions of Art. of the Civil Code A declaration of will made to the other party with his or her consent for the sake of appearance is invalid. If such a declaration was made to conceal another legal act.

The validity of the declaration is assessed  of this act. The apparent nature of a declaration of will does not philippines photo editor affect the effectiveness of a paid legal act performed on the basis of the apparent declaration if, as a result of this act, a third party acquires a right or is released from an obligation, unless he or she acted in bad faith cf. § Appearance consists in the difference between the content of the declaration and the will to produce specific legal effects, disclosed and accepted by the addressee of the declaration of will.



A constitutive element of appearance is, apart from the lack of will to cause legal effects, also the knowledge and consent of both parties to the action that the declaration of will was made "for appearance's sake" colloquial. judgment of the Supreme Court of May , , ref. no. file I CSK . Moreover, the lack of intention to cause legal effects was openly demonstrated to the other party to this activity, so that it was fully aware of the apparent nature of the declaration of will made towards it and the real will of its contractor and fully agreed with it.  inconsistent with the principles of labor law.


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