DISTRIBUTION OF ESTATE ASSETS. RULES OF PROCEDURE AND DISTINCTIVE FEATURES. CASE PRACTICE OF COURTS
DISTRIBUTION OF ESTATE ASSETS. RULES OF PROCEDURE AND DISTINCTIVE FEATURES. CASE PRACTICE OF COURTS

Summary/Abstract: The succession procedure benefits from an appropriate and unitary regulation by means of the provisions of the Romanian Civil Code (article 953 – article 1163 being the regulatory provisions dealing with inheritance) and of the Romanian Code of Civil Procedure (article 980 – article 996 being the provisions dealing with the procedure for legal division of property). Much has been said about the division of the succession. If we take a look at the history of the Code, we could say that there would be no more (litigious) matters to surprise us. However, major topics such as the one covered in this material will always require a lot of consideration and analysis. The case-law has often ruled on the fundamental notions of the succession procedure relative to the revealed facts and the arguments put forward in the actions brought before the national courts, but the definition or redefinition of some notions remains the subject of doctrinal and jurisprudential disputes. The manner of application of the rules of law in question also depends on how such subjects are answered, where the scope is observed in the solutions of judicial and notarial practice.

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