Curtea de Apel Bucureşti, Secţia a IV-a civilă, Sentința nr. 58F din 5 aprilie 2016 (Jurisprudență comentată)
Bucharest Court of Appeal, Decision no. 58F dated 5.04.2016 (Case Law Study)

Summary/Abstract: Doctrine shows a persistent controversy regarding competence attribution in case of asset separation requests accompanied by other requests that have a stand-alone legal purpose, such as the account of excessive liberalities, legacy annulment, inheritance petition (which does not amount to the recognition of the sole heir status, but to inheritance share’s), and other similar requests that influence directly upon the heir status, the shares of estate and the succesional mass composition. According to the majority’s opinion, the competence belongs to the district court. Nevertheless, in situations such as the annotated case, where one asks mainly for the annulment of agreements signed with third parties in order to complete the shareable assets, the value criterion shall be applicable, while the county court’s competence shall be extended to the asset separation on the basis of Article 123 of the new Code of civil procedure.

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