Constatarea şi declararea nedemnităţii succesorale
Finding and declaring unworthy succession

Summary/Abstract: By establishing the possibility of removing the effects of unworthiness, the lawmaker returned to the Roman law concept that unworthiness is a presumed disinheritance, thus abandoning the idea that unworthiness is a civil sanction dictated or justified by a public order idea, as regulated in France during the intermediate law (1789-1804) and taken over in the French Civil Code and then in the Romanian Civil Code (Cuza) of 1864. The unworthy themselves do not have locus standi in an action to apply the sanction of judicial unworthiness to them.

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