IS RIGHT OF OCCUPATION OF THE SURVIVING SPOUSE, INHERITASNCE RIGHT OR MEANS OF SOCIAL PROTECTION?
IS RIGHT OF OCCUPATION OF THE SURVIVING SPOUSE, INHERITASNCE RIGHT OR MEANS OF SOCIAL PROTECTION?

Summary/Abstract: The death of a loved one is an event in every person`s life, whose significance, beyond the sentimental one, is strongly felt in the legal reality. This article focuses on the surviving spouse as the holder of the right of occupation of the property in which he or she lived with the deceased spouse and which forms part of the inheritance items. This special right of occupation of the surviving spouse was first regulated by Law no. 319/1944 on the inheritance rights of the surviving spouse which in Article 5 of this law had the following provision: „In cases where the surviving spouse inherits together with classes II-IV, he/she shall inherit, in addition to his/her inheritance share, the furniture and objects belonging to the household, as well as the wedding gifts”. In the new Civil Code, it was decided to keep these provisions but with some minor changes. The reason for keeping these provisions was considered in terms of the positive effects that occur, the surviving spouse having the possibility to keep these assets, assets that may have an emotional charge, sentimental value, also a mean of protection offered to him/her, which for ascendants or collaterals would be without any significance or value. On the other hand, the text of the law is also intended not to deprive the surviving spouse of the property that he/she used with the deceased spouse, otherwise the conditions and way of life of the surviving spouse would be changed without any justification, taking into account the fact that the heirs outside the family with whom he would come in concurrence to inheritance, do not have any contribution to the acquisition of property, so that this special right of occupation conferred by law to the surviving spouse appears under this aspect all the more legitimate. In the New Civil Code, this right is provided for in Article 974: „When not in concurrence with the descendants of the deceased, the surviving spouse shall inherit, in addition to the share established in accordance with Article 972, the furniture and household objects which have been assigned to the joint use of the spouses”.

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