Questão jurídica principal
Whether the donation deed was a simulated transaction under Art. 18 CO
Decisão extraída
The documentary evidence could support that the parties did not intend the donation to produce effects between them; the lower court's contrary finding was unsustainable.
Fundamentação extraída
The court held that the decisive point is whether the parties were already agreed at the time of concluding the deed that they did not truly want the gift. A later-written document may prove the parties' earlier true intent. The lower court wrongly focused only on the signing time and imposed excessive pleading requirements.