Caracterele şi efectele petiţiei de ereditate
The characteristics and effects of the petition for inheritance

Summary/Abstract: The study is the result of a doctrinal dispute on the legal nature of the petition of inheritance, which began before the entry into force of the Civil Code. The analysis concerns the provisions of the new Civil Code, as well as the lack of an explicit regulation in the Code of Civil Procedure regarding the petition for inheritance. Regarding the effects of the petition for inheritance, the author makes the following classification: the effects between the true heir and the apparent heir, and the effects on third parties. The author presents many arguments stemming from the Romanian case-law in support of the above. He also presents the legal regime from the perspective of French law.

• Details
• Contents