THE VACANCY OF INHERITANCE, A TRADITIONAL INSTITUTION OF THE SUCCESSION LAW, SUBSTANTIALLY REPHRASED BY THE NEW CIVIL CODE
THE VACANCY OF INHERITANCE, A TRADITIONAL INSTITUTION OF THE SUCCESSION LAW, SUBSTANTIALLY REPHRASED BY THE NEW CIVIL CODE

Summary/Abstract: The Romanian state cannot be disinterested in the unclaimed estates and on which there is information that it could be disinherited because it has to protect the creditors of the inheritance and at the same time the public order which would be disturbed if such an inheritance was left to hunters of “found” ownerless goods. Therefore, the law organizes a procedure to protect the interests of the heirs who could prove that they are within the term of exercise of the succession option but also that of the creditors of the inheritance. The latter recover their claims from the persons to whom the law recognizes a succession vocation in the absence of legal or testamentary heirs, the territorial administrative units within whose radius the assets of the inheritance are located, respectively the state if the inheritance has foreign or immovable elements located on the territory of another state.

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