SUCCESSORAL CAPACITY PECULIARITIES OF THE ROMANIAN ECLESIASTICAL STAFF – A CASE OF ANOMALOUS INHERITANCE
SUCCESSORAL CAPACITY PECULIARITIES OF THE ROMANIAN ECLESIASTICAL STAFF – A CASE OF ANOMALOUS INHERITANCE

Summary/Abstract: The present study aims at radiographing the condition of the legal capacity to inherit, situated at the confluence of two domains, the legal and the theological one, with convergence points, but also with some distinct consequences. Thus, the basic benchmark of the study focuses on one of the fundamental conditions of the individual to be able to exploit mortis causa of their cujus patrimony, the ability to inherit. From this perspective, the authors have proposed to analyze the particular situation in which the person called to inherit under the law is a person of a special status, belonging to the ecclesiastical staff. Thus, special situations are identified, which derogate from the common law, with derogatory consequences from the normative character of the successor transfer. This is the case of monk succession, which is subjected, as we shall see, to special rules that generate, in the case of legal devolution, an anomalous succession in favor of the Diocese or the monastery, with the total exclusion of legal heirs. Using the systemic method, the authors submitted to interpretation both the provisions of the Civil Code and some norms with a special character, which represent a reference point in the analyzed issue. In the absence of any doctrinal assessments as well as jurisprudential solutions, the present study may represent a starting point for the consecration of this anomalous succession case and the different consequences it identifies.

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