Renunţarea la moştenire
Renunciation of an Inheritance

Summary/Abstract: The exercise of civil rights represents an incontestable and constitutional value, proclamation of citizens freedoms. Among the recognized rights of citizens there is also the successional vocation to accept or disclaim through an unilateral, express and solemn legal document the quality of heir, consequently retroactively dismantling his/her. However, although the option to accept or give up an inheritance is free for any heir, the exercise of this right cannot affect the rights of other persons being related to the hesitant heir.The failure to express the successional option within the term expressed by the law maker affects for sure the rest of heirs with general vocation to inheritance and in the absence of a legal provision to interpret the silence of the heir with precise apparent vocation to succession, the rights of the other heirs to collect the inheritance become precarious. For this very reason, the law maker, in order to solve cases that trend to sine die have this anomaly for open and not debated succession, he felt the need to interpret the heir’s silence, assuming he/she wanted to remain foreign of succession, assuming him/her as disclaimer of the succession of decujus until otherwise proved.

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