Obligaţia postumă de întreţinere – o rezervă succesorală incipientă? Când tradiţia common law se inspiră involuntar din dreptul roman
Family maintenance – an incipient hereditary reserve? When common law involuntarily takes inspiration from Roman law

Summary/Abstract: An institution native to the Common Law system, family maintenance sparked the interest of Civilian authors owing to a case in which the French Court of Cassation held that it was not contrary to public policy. Consequently, the overwhelming majority of continental authors who venture to analyse this legal figure prefer to approach it from the perspective of private international law. The present article proposes a historical and comparative analysis of the posthumous obligation of maintenance, which will highlight its identity with respect to its continental equivalents. Analysing the factors that led to the emergence of the posthumous obligation of maintenance within Common Law, the author argues that this is an incipient forced share: all the ingredients that made it possible to conceptualise forced heirship in Roman law are present today in Common Law jurisdictions, albeit the attachment to testamentary freedom remains strong enough to prevent a return to the English legitim.

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