The film began with the statement: “This concerns the destruction of an empire… Some of the characters are still alive – the rest were killed by violence. According to some reports, a judge in the MGM case stated that this assertion was not only prejudicial to their case, but that their case would be stronger if they had recorded a directly opposite statement that the film was not intended as a precise representation of actual persons or events. [3] Based on the outcome of this case, many studios began to include an “all personficitous” disclaimer in their films to protect themselves from similar lawsuits. Therefore, the main characteristics of a fictitious agreement are: registered unions are legal entities. They can enter into collective agreements, through a single representation proportional to their affiliation, which are absolutely effective for all persons belonging to the categories defined in the agreement. “In absolute simulation, there is a colouring contract, but it has no substance, because the parties do not intend to be related to it.” The main characteristic of an absolute simulation is that the apparent contract is not really intended or is intended to produce legal effects or to alter the legal situation of the parties in one way or another. “An absolutely simulated or fictitious contract is therefore not valid and the parties can recover what they have given under the contract. Dear PAO, Carlo borrowed from my father a Torrens title that covers a Riceland in the province of Isabela. My father verbally agreed to give him the title of Torrens, because Carlo is his nephew, and he trusted him so much. Part of their contract is the execution of a deed of sale, so that the title is cancelled and transferred in Carlo`s name. After the transfer, Carlo obtained a loan from a bank and mortgaged the property. In 2010, he paid his loan to the bank, but he refused to overcharge us the property. He now claims full ownership of the property because it has already been titled in his name.
Can we restore Carlo`s property? Aries Dear Aries, If a fictional film is perceived as too close to real events, the disclaimer may be declared null and void in court and the inspiration behind the film can be compensation.