Câteva observaţii asupra transmiterii mortis causa
a unor patrimonii de afectaţiune
Considerations on the mortis causa transfer of certain special purpose patrimonies
Author(s): Irina SferdianSubject(s): Civil Law
Published by: Universul Juridic
Keywords: special purpose patrimony; medical practice; heir; family doctor; discharge of remaining debts; economic assets.
Summary/Abstract: This paper aims to emphasize the way in which the professional or economic purpose assets can be transferred upon the death of their owner and the importance of their taking over by those heirs who meet the conditions provided by law for the continuation of the activity. These special purpose patrimonies are governed by the aim for which they have been created, which means that they can be detached from the patrimony of origin and can be attached to the patrimony of the heir who allows them to achieve that purpose. Throughout this process, the special purpose patrimony is regarded as a unique intangible asset, a fiction allowing both its transfer and its protection from the specter of the discharge of remaining debts.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2022
- Issue No: 2
- Page Range: 103-118
- Page Count: 16
- Language: Romanian