La simulación de compraventa entre cónyuges encubriendo donaciónun analisis de fuentes

Abstract

In the juridical area of the capacity juridical-contractual of the married woman and of the patrimonial relations between spouses, the prohibition of the donations arises between spouses, on whose origin and purpose have written many pages for the doctrine, one of the reasons of this prohibition is related about avoiding the actions of the spouses in creditors' fraud. In order to deceive this prohibition the spouses came in multitude of occasions to simulate the business accomplishment juridical concealing what actually was a donation. The Roman jurists dealt with the resolution of the different troubled raised suppositions, combining criteria of objective and subjective character. The romanistic doctrine for many years has insisted on the Byzantine character of certain arguments assigned to Roman jurists. In this article I will be dealing with some of the most significant test related with spouses trade in order to throw some light on the thought of the classic jurists.