Brief Remarks on the Inheritance rights of the Surviving Spouse in Romania and several EU Member States
short considerations on the right of inheritance of the surviving husband in Romania and in some EU Member States

Summary/Abstract: The institution of the right to inherit of the surviving spouse underwent, in the European space, a slow evolution determined not only by communities’ strategies on wealth distribution but also by the intervention of the state which limited the right of the individual to freely dispose of his goods mortis causa. Though in certain states, throughout history, common or even written law, recognized certain rights to the surviving spouse, it is only in the past century that the European states have modified the law so as to consolidate the right of the survivig spouse to inherit. Compared to the legislation of other European states, when promulgated, the Law no. 319/1944 on the right to inherit of the surviving spouse, had innovative, modern provisions that were concordant with the society’s requirements. Ever since, some European states have modified and modernized their legislation making way, yet again, for a new approach of the matter in our country too.

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