Consideratii asupra reglementãrii reprezentãrii succesorale în noul cod civil
Approaches on the settlement of inheritance by right of representation under the new civil code

Summary/Abstract: Settlement on inheritance by right of representation under the Romanian Civil Code of 1864 stands for ad litteram taking over of Napoleon texts in 1804. Historically, the latter are the outcome of distorted takeover in medieval legal science of succession in locum technique coming from Roman law. These distortions have led to operating rules that, in the 20th century, have been criticized on the fictional character and the impossibility of representation of the unworthy and the waiver. The new Romanian Civil Code enacted in 2009 gives up the medieval theory of fiction and considering the civil codes reforms in the Canadian province of Quebec (1994) and France (2001 and 2006), it allows representation of the successor waiver; the draft law for implementation expands it for the unworthy, as well. The material hereby aims to clarify the Roman meaning of successio in locum and the weight of its influence over subsequent periods. It is studied thereafter the figure of inheritance by right of representation in the modern era encodings (19th century), with subsequent criticisms and reform proposals. The third part of the analysis is intended to explain the decisions taken by the Romanian legislature for the new civil code, in the general framework of European comparative law of succession.

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