COTITATEA DISPONIBILA SPECIALA A SOTULUI SUPRAVIETUITOR ÎN NOUL COD CIVIL
THE SPECIAL DISPOSABLE PORTION OF THE SURVIVING SPOUSE IN THE NEW CIVIL CODE

Summary/Abstract: The article hereby approaches the new regulations regarding the institution of special disposable portion of the surviving spouse, pointing out the differences between the current Civil Code and the New Civil Code, in force from 1 October 2011, and the method of calculation of the special disposable portion under the new provisions. The article 1090 of the New Romanian Civil Code provides that the rights of the surviving spouse, where there are children from outside of the marriage with the testator, cannot exceed a quarter of the inheritance (as a unchangeable limit) nor the portion of the descendant that received the least (as a variable limit). Although the basic inheritance rights of the surviving spouse have substantially improved during the time, according to article 1090 the descendants are specifically protected from being disadvantaged compared to the surviving spouse because the descendants are now entitled to inherit any difference between the freely disposable portion established in article 1089 and the special disposable portion of the surviving spouse (so called ordinary disposable portion), so that this potential difference can no longer be divided on the general rules for the legal inheritance between the surviving spouse and descendants with whom he would come to inherit.

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