TRANSFER, BY WAY OF SUCCESSION, OF THE PATRIMONY OF AFFECTION AND GOODWILL
TRANSFER, BY WAY OF SUCCESSION, OF THE PATRIMONY OF AFFECTION AND GOODWILL

Summary/Abstract: The present study aims to analyze some theoretical aspects with practical relevance of the issue of the transmission, by way of succession, of patrimony of affection but also of goodwill. The challenges of such research were generated by the quasi-total lack in the specialized doctrine of dealing with the legal effects of the succession devolution when in the patrimony of the „de cuius” there is a special affectation of some goods, and, implicitly, rights and obligations for the exercise of commercial, liberal, handcrafting activities etc., in other words, an individual professional patrimony constituted on the basis of Article 33 of the Civil Code. Moreover, the successive transfer of goodwill presents a real intensity from the perspective of the intangible elements that make it up, respectively: the company, the emblem, the good custom, the clientele etc. In our opinion, from a notional point of view, patrimony of affection is not confused with goodwill even if in their structure there may be the same tangible elements (for example, the place where it operates). Patrimony of affection contains both rights and obligations as well as assets, while in the goodwill are usually present only assets, whether tangible or intangible.

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