The Notion of Partible Inheritance and its Judicial Characters
The Notion of Partible Inheritance and its Judicial Characters
Author(s): Adela PĂTRAŞCUSubject(s): Civil Law
Published by: Editura Universitaria Craiova
Keywords: partible inheritance; legal heirs; disposable portion; imperative character; individual character;
Summary/Abstract: Partible inheritance is that part of the inheritance which, according to the law, corresponds to partible heirs and of which he who bequeaths cannot dispose of through inter vivos generosities (donations) or through clauses (inheritance or disinheritance). The institution of partible inheritance was established on moral, but also social grounds, ensuring certain equilibrium among partible heirs. Partible inheritance has an imperative and collective character. At the same time, the right to partible inheritance of partible heirs has an individual character and they have the right to receive the goods that are part of the deceased’s patrimony in nature.
Journal: Revista de Științe Politice. Revue des Sciences Politiques
- Issue Year: 2010
- Issue No: 28
- Page Range: 91-96
- Page Count: 6
- Language: English