Europenizarea legislaţiei succesorale româneşti
Europeanization of Romanian Successional Legislation

Summary/Abstract: After Romania’s adherence to European Union on 2007 January 1st, the drawing up and the adoption of a new Romanian civil code were necessarily imposed. Law no. 287/2009 regarding Civil Code1 was modified by Law nr.71/2011 for Law no. 287/2009 regarding Civil Code application2. The European Union states citizens circulation liberty involved number of european successions with extraneity element rising and Art.954 Alignments 3-4 Romanian Civil Code from 2011 stipulated the monist system of applicable law to successions regarding unknown last domicile deceased or last domicile out of Romania deceased, that means the Romanian law. The Departement of Justice Reasons Exposing to the Law for the Law no. 287/2009 regarding Civil Code application evinces the revalueting of the experience in civil law of other european states as Italy, France, Holland, Spain, also the disposals from european law instruments. The judicial indignity, a newly introduced law institution, in Romanian Civil Code from 2011, Art.959 from Chapter II The General Conditions of the Inheritance Right from Title I Disposals Regarding Inheritance In General from Fourth Book About Inheritance and Liberalities has been inspired by Art.727 and 727-1 from Section I About the Qualities Requested to Succeed from Chapter II About the Qualities Requested to Succeed-About the Successor Quality Evidence from Title I About Inheritances from III rd Book About the Different Modalities to Acquire the Property Right from French Civil Code. The proceedings of authentic will drawing up which are containing some new introduced disposals in the Romanian Civil Code from 2011, Art.1043-1044 from IInd Section The Will’s Forms from Chapter III the Will from Title III The Liberalities from Fourth Book About Inheritance and Liberalities has had as model Art.971-975 from Section I General Rules About the Wills’Form from Chapter V About the Testamentary Disposals from Title II About Liberalities from IIIrd Book About the Different Modalities to Acquire the Property Right from French Civil Code. European Parliament has adopted on 2012 march 13th the Regulation on Cross –border Successions which is stipulating the competence , the applicable law, the decisions and authentic acts recognition and execution in successional matter and the European successional certificate creation.The applicable law of successions matters is the law of deceased habitual residence place, but there is also the possibility for the citizen to choose as applicable law to the succession which will be opened after his death, his national law, according to the principle of “controlled autonomy”.

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