RECUNOAŞTEREA ÎN ROMÂNIA A DISPOZIŢIILOR PENTRU CAUZĂ DE MOARTE ÎNTOCMITE ÎN FORMĂ VERBALĂ
THE RECOGNITION IN ROMANIA OF THE DISPOSITIONS UPON DEATH MADE ORALLY

Summary/Abstract: The formal validity of dispositions of property upon death made orally is excluded from the scope of Regulation (EU) no 650/2012 of 4 July 2012. Romania is not part of the Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, but the Romanian Civil code of 2009 regulates the conflict of laws as to the law to be applied to the form of wills and authorizes the choice of the most favorable law from among lex personalis (the national law of the testator), lex residentiam (the law of his habitual residence), lex loci actus (the law of the place where the act was drawn up), lex rei sitae (the law of the status of the building which is subject to the will) and lex fori (the law of the court of law or of the body which carries out the proceedings of transmitting the goods inherited). This short study aims to give a succinct practical assessment of the recognition of such a last will in Romania, without overlooking the available options in EU of making a disposition upon death orally.

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