ABOUT THE RENUNCIATION OF INHERITANCE Cover Image

DESPRE RENUNŢAREA LA MOŞTENIRE
ABOUT THE RENUNCIATION OF INHERITANCE

Author(s): Ioana Nicolae
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: renunciation of inheritance; succesor; presumption of renunciation; tacit renunciation of inheritance;

Summary/Abstract: The Civil Code brought some changes to the Civil Code of 1864 in the field of the renunciation of inheritance, among them is the establishment of the presumption of renunciation of inheritance, possibility recognized to the succesor’s creditors to revoke the renunciation made in their fraud, and that the revocation of renunciation represents acceptance of inheritance. In this study we have analyzed the renunciation of inheritance as a whole, pointing out these aspects of novelty, with practical consequences both for the notary succession debates and the judiciary ones. Thus, by way of example, the presumption of renunciation of inheritance can be applied even in the notary succession procedure, which is not an attribute recognized only to the court but also to the notary public.

  • Issue Year: 2017
  • Issue No: 03
  • Page Range: 40-49
  • Page Count: 10
  • Language: Romanian