Disinherintance in the vision of the new Romanian Civil Code
Disinherintance in the vision of the new Romanian Civil Code
Author(s): Ioana NicolaeSubject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: will; forced heirs; disinheritance; disownment; limits of disinheritance
Summary/Abstract: Once the new Civil Code came into force on October 1st, 2011, disinheritance became a new legal institution, with own characteristics and specifics established by the lawmaker. While the 1864 Civil Code was still in force, doctrine and jurisprudence acknowledged that disinheritance existed, but it was not expressly regulated. The current study aims to clarify the notion of disinheritance, to describe its legal regulation, to identify the different categories of disinheritance and to list the effects of disinheritance over the heirs of the testator, but also to point out the limits of disinheritance.
Journal: Tribuna Juridică
- Issue Year: 4/2014
- Issue No: 08
- Page Range: 119-127
- Page Count: 9