Cotitatea disponibilă specială – reglementare utilă sau desuetă?
Special available quota – useful or obsolete regulation?

Summary/Abstract: The present study was determined by the need to answer as soon as possible (and well, if possible) to the fundamental question that we cannot avoid: was it necessary, useful to regulate a special available quota of the surviving spouse from a subsequent marriage of the deceased or did such a regulation become obsolete, inconvenient, discriminatory contained in a new Civil Code that intended to look into the future instead of resurrecting legal institutions that „lived their life” and died together with the Civil Code which generated them? We will try to find an at least acceptable answer to this problem that has troubled entire generations of practitioners over time and that remains almost incomprehensible to the younger generations of lawyers, born and educated in the spirit of eliminating any form of discrimination.We will try to bring to the attention of the theorists, but also of the legal practitioners, the institution, at least controversial, of the special available quota of the surviving spouse from the second marriage of the deceased, to show that the fear from which the Romanian legislator started in bringing back to the present an institution which, in our opinion, has consumed its historical role is unjustified, especially since, currently, as far as we know, the Romanian regulation is the only one of its kind in the continental European law.

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