PUNCTUL DE ÎNTÂLNIRE ÎNTRE ACCEPTAREA FORŢATĂ A MOŞTENIRII ŞI NEDEMNITATEA JUDICIARĂ
THE MEETING POINT BETWEEN THE FORCED ACCEPTANCE OF INHERITANCE AND THE JUDICIAL DISQUALIFICATION

Summary/Abstract: The right of succession option confers the heir the right to choose between accepting or repudiating the legacy of his due (legal or testamentary). The freedom of succession option is in some cases paralyzed, as happens for example in the case of forced acceptance of the inheritance. This penalty is essentially an exception to the voluntary nature of the act of succession option, being applied to the heir for committing, with bad faith, of certain facts specifically limited listed by legislators. Making and presenting a forged will through which the heir is favored at the expense of others is a meeting point between the forced acceptance of inheritance and the judicial disqualification. In this study we aimed to analyze the incidence of the two penalties by reference to specific examples, although the focus is on analysing the forced acceptance of the inheritance.

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