SPECIAL SUCCESSOR RIGHT OF THE SURVIVING SPOUSE ON THE ASSETS OF THE SUCCESSION
SPECIAL SUCCESSOR RIGHT OF THE SURVIVING SPOUSE ON THE ASSETS OF THE SUCCESSION

Summary/Abstract: The surviving spouse is not included in any class of legal inheritors, as he is not a relative of the deceased due to the relations of affection between spouses. The law acknowledges nevertheless to the surviving spouse a right to legal inheritance and grants him/her the vocation of a legal successor regardless of the category of inheritors along with whom one co-inherits; this doesn’t exclude and is not excluded by any category of inheritors.By studying this special right of the surviving spouse, we shall analyse the shares passing to the surviving spouse on the furniture and objects of the household if the spouse co-inherits along with the descendents. By this scientific approach we shall point to the categories of assets included by the legislator, but also to how the doctrine interpreted the notion of “furniture and objects of the household”.This special right of the surviving spouse is of nature of increasing his part of the assets of the succession if the spouse co-inherits along with category II, III and IV inheritors, but also to keep the comfort by maintaining the same living conditions the spouse had alongside the deceased.

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