Judgment of the Supreme Court

Joita97009

  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. 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 philippines photo editor of will made towards it and the real will of its contractor and fully agreed with it  judgment of the Supreme Court of February , , ref. no. act II CKN . The action of the entity making an apparent declaration of will is characterized by two features: no intention to produce legal effects and the intention to mislead other people, but not the addressee of the statement. IMPORTANT.



A legal act that includes a declaration of will made for the sake of appearance is absolutely invalid. Such an action does not produce any legal consequences. False conclusion of an employment contract The provisions of the Labor Code do not contain a definition of a sham employment contract, however, in accordance with Art. of the Labor Code. In matters not regulated by labor law, the provisions of the Civil Code shall apply accordingly to the employment relationship.