Calcularea rezervei succesorale a sotului supravieþuitor si impactul noului cod civil
Calculation of the reserved portion of an estate for the surviving spouse and the impact of the new civil code

Summary/Abstract: The law of succession is conventionally less exposed to sudden legislative amendments. The transitory provision of art. 91 of Law no. 71/2011 continues to enforce the old civil code and the special legislation related to the successions opened before 1st of October 2011. This thing enables us to proceed to an analysis of the questions raised by the impact of Law no. 319/1944 on the code of 1865 regarding the method of calculation of the reserved portion of the spouse competing with the classical privileged heirs. The legislator’s intention of 1944 was to rectify an inequity resulting from the import of Napoleonic texts: the precarious succession condition of the surviving spouse. Art. 2 of the law raised him in the rank of privileged heir, but it did this expressing in a too concise and ambiguous manner. Consequently, a critical study published by Professor Francisc Deak in 1989 determined the change of the practice related to the practical method of calculation of this reserved portion. The argument has been accentuated since 2002, due to the method of calculation proposed by Professor Chiricã from the point of view of integrating the reserved portion of the spouse in the logic of collective reserve. After the last study proposed, in 2008, the re-establishment of the calculation method substantiated by Eliescu and practiced until 1989, the new civil code intervened by extending the technique practiced by Law no. 319/1944 for all privileged heirs. Consequently, we intend to present in a critical way the proposed calculation methods and to try to identify the correct solution, trying to identify the legislator’s intention. Finally, we will focus on the importance of the reform carried out by the new civil code, trying to distinguish whether it managed to cease the above disputes.

• Details
• Contents