COTITATEA DISPONIBILĂ SPECIALĂ A SOŢULUI SUPRAVIEŢUITOR
Disposable portion to the surviving spouse

Summary/Abstract: In this study, the author examines art. 1090 (“Disposable portion to the surviving spouse” („Cotitatea disponibilă specială a soţului supravieţuitor”)) of the Civil Code, a provision which limits the possibility of acquiring the gratuitousness obtained to the surviving spouse in a lower margin than the ordinary one. The structure and the body of the study reveal the comments on the legal status of the surviving spouse, on the situation in which the surviving spouse is entitled to inheritance in concurrence with other heirs than the common heirs of the deceased person, on the heirs who are not unworthy and who have not waived the inheritance left by de cuius, on the method of calculation of the special disposable portion, and for the purpose of the above-mentioned, the doctrine developed by certain important names in the field of law is taken into consideration (M. Eliescu, F. Deak, R. Popescu). Finally, the author puts forward a few examples of calculation of the special disposable portion.

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