Despre amintirile de familie și morminte
About family memories and graves

Summary/Abstract: Both family memories and graves have received no legal regulation in the Civil Code. Nevertheless, traditionally, our doctrine and the French doctrine include them in cases of forced and perpetual co-ownership. This is due to the fact that some assets may be charged with a special consideration; a person’s attachment to an asset may also be of an emotional nature. Due to such attachment, they could not be found in other assets than those of family members; generations succeed each other in their possession without a real transfer being required due to the fact that they represent a co-ownership that is perpetually renewed with each generation. Nevertheless, there are also some differences between family memories and graves. Nevertheless, what we would like to emphasize in this article is that these assets have a particular regime both as regards their ownership and their devolution relating to succession. Their examination is difficult because there is either no legal regulation, or it is incomplete. Perhaps for this reason as well, our doctrine has so little space reserved for them. Yet, they deserve a more generous treatment, in particular since the new Draft Civil Code reserves two articles to family memories (art. 871 and 872).

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