REPREZENTAREA SUCCESORALĂ SAU DE CE NU ESTE ATÂT DE SIMPLU PRECUM PARE
REPREZENTAREA SUCCESORALĂ SAU DE CE NU ESTE ATÂT DE SIMPLU PRECUM PARE

Summary/Abstract: In this article, the author examines the representation of heirs, deemed to represent perhaps one of the clearest institutions of the law of succession. The structure and the content of the study reveal the comments on certain doctrinaire assertions which „help” the practitioner and, through the agency of two of its pillars, two significantly different statements are made. First of them states that the representation operates regardless of whether there is one or several stems, so no matter whether the deceased person had a single descendant/brother/sister or had several such relatives, of whom at least some were in the situation of being represented. And the second statement considers that the representation operates only where there are several stems, so if only the author had several descendants/brothers/sisters, of whom some were in the situation of being represented. Finally, the author formulates brief considerations regarding the nature of this article, which is not only a theoretical and practical analysis, but at the same time, it is deemed as a call for conciliation, for the unification of the theoretical opinions.

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