PROBLEMA MORȚII SIMULTANE ÎN LEGISLATIA PRIVITOARE LA SUCCESIUNE – ABORDĂRI ISTORICE ȘI COMPARATIVE
THE PROBLEM OF SIMULTANEOUS DEATH IN THE LAW OF INHERITANCE – HISTORICAL AND COMPARATIVE APPROACHES

Summary/Abstract: In the course of the re‐codification of Hungarian civil law, the problems of the legal construction in general called simply ”presumption of simultaneous death in commondisaster” have occurred. In this paper we intend to present the historical roots in Roman law (I.) and in authoritative codifications of the modern age (II.) and to consider the regulation variations of the issue one by one (III.). After that we shall illustrate the differences between the effective Hungarian Civil Code (Ptk.), the amendment and the settlement based on the proposal by some practical examples (IV.); then, de lege ferenda we shall sum up the, in our opinion, optimal solutions (V.).

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