A POINT OF VIEW ON THE DIVISION OF PROPERTY IN THE CATEGORY OF FURNITURE AND HOUSEHOLD ITEMS AFFECTED BY THE COMMON USE OF THE SPOUSES - SPECIAL RIGHT OF LEGAL INHERITANCE OF THE SURVIVING SPOUSE
A POINT OF VIEW ON THE DIVISION OF PROPERTY IN THE CATEGORY OF FURNITURE AND HOUSEHOLD ITEMS AFFECTED BY THE COMMON USE OF THE SPOUSES - SPECIAL RIGHT OF LEGAL INHERITANCE OF THE SURVIVING SPOUSE

Summary/Abstract: This study aims to capture issues related to the surviving spouse's special right of inheritance over furniture and household items affected by the common use of the spouses. The origin of the subject is art. 974 Civil Code, which establishes, under certain conditions, a special right of inheritance in favor of the surviving spouse over furniture and household objects affected by the common use of the spouses. Although the existence of this right dates back more than six decades, the provisions of the Civil Code, as we will see in the analysis we have undertaken, are not able to provide a solution for all practical situations, which fall under its scope. In this regard, we sought to, by interpreting the relevant provisions, provide a coherent solution for the equitable distribution of goods belonging to the analyzed category. In the elaboration of the study, we will highlight the following: general aspects, granting conditions, legal nature, the way of dividing furniture and household items affected by the common use of spouses, conclusions.

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