The Theory of Simulation in Light of the Law of Obligations and Contracts

Mohamed Chaabi Al Madkouri examines the theory of simulation in Moroccan contract law. Simulation is a tool used by some individuals to conceal the true nature of their legal transactions by presenting a fictitious appearance as real. People resort to simulation when the law does not fulfill their ambitions or when revealing the truth would cause them harm, particularly when their activities violate legal rules. The author highlights the central legal problem: balancing respect for the contracting parties who created the simulation with protecting the rights of third parties who are misled by it. He observes that for every genuine legal situation, a corresponding simulated situation exists, reflecting a universal duality between truth and appearance.