SUCCESIUNEA, MIJLOC DE DOBÂNDIRE A BUNURILOR TEMPORALE
THE SUCCESSION, A MEANS TO ACQUIRE TEMPORAL GOODS

Summary/Abstract: Succession over the goods of hierarchs and monks is subject to special rules creating, in case of the legal devolution, an abnormal succession in favor of the Diocese, respectively the monastery, with total exclusion of legal inheritors. Rules unknown to the contemporary civil doctrine, the devolution rules, are supplemented with the provisions regarding the ab intestate succession, in which the Civil Code texts regarding forced heirship do not apply. Thus, after entering monasticism, for the goods acquired by the de cujus, the title to inheritance of the heirs established according to the provisions of the lay civil law disappears, even the legacies in favor of such successors being emptied of content by the Diocese’s title to the entire succession. The above-mentioned rules are perfectly applicable, although they seem exotic, precisely because Law no. 489/2006 regarding the freedom of religion and the general status of denominations provides for the right of denominations to regulate their own system of goods, by means of canonical statutes or codes, subject to recognition by the Government Decision pursuant to art. 48 paragraph 3 of the law.

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