ÎNDEPĂRTAREA EFECTELOR NEDEMNITĂŢII SUCCESORALE DIN PERSPECTIVA SUCCESIUNILOR CU ELEMENTE DE EXTRANEITATE
ÎNDEPĂRTAREA EFECTELOR NEDEMNITĂŢII SUCCESORALE DIN PERSPECTIVA SUCCESIUNILOR CU ELEMENTE DE EXTRANEITATE
Author(s): Nicolae-Ciprian NicaSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: indignity of succession; removal of effects; express statement
Summary/Abstract: In this article, the author deals with the issue of removal of the effects of indignity of succession from the point of view of successions with external elements. The structure and the content of the study reveal the comments on the possibility of pardoning the person undignified to inherit, however the lawmaker indicates that: “without an express statement, the legacy incumbent on the undignified person after committing the offence which entails indignity shall not be deemed as removal of the effects of indignity”, which shows that the lawmaker intervened by blocking the rehabilitation of indignity of succession against the relational realty existing between the author of succession and the successor even if this was made by a gift or by a legacy concluded subsequently to the offences committed by the successor, and which caused indignity, the author of succession demonstrated a rehabilitation of the relationship between him/her and the successor. Finally, it is desirable to draw attention to a procedure as that of pardoning the undignified person and removing the effects of indignity of succession, a procedure which, in our view, is incomplete, to provoke those professionals concerned with procedural regulations aiming at international successions, to consider also the issues related to the removal of the effects of indignity of succession which may be seen in those successions containing external elements.
Journal: Universul Juridic
- Issue Year: 2016
- Issue No: 06
- Page Range: 013-017
- Page Count: 5
- Language: Romanian