CONSIDERATIONS ABOUT THE INTERDICTION OF ACTS ON AN UNOPENED INHERITANCE LEGAL SUCCESSION PROCEDURE Cover Image

CONSIDERATIONS ABOUT THE INTERDICTION OF ACTS ON AN UNOPENED INHERITANCE LEGAL SUCCESSION PROCEDURE
CONSIDERATIONS ABOUT THE INTERDICTION OF ACTS ON AN UNOPENED INHERITANCE LEGAL SUCCESSION PROCEDURE

Author(s): Mateescu Emilia
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: unopened succession; pact; liberalism; interdiction act on an unopened succession; heir

Summary/Abstract: According to the Civil Code, the acts of an unopened inheritance succession are those manifestations of will, having as their object any rights to an unopened inheritance, the acceptance, renunciation, alienation or promise of rights that may be acquired in the opening of the inheritance procedure.In the context of social evolution, constitutional liberalism and European Community legislation or national legislation from some European countries, the prohibition, that is interdiction of acts on an unopened succession finds no convincing foundation to be maintained within the Romanian law.By highlighting the current lack of the legal basis concering the interdiction as well as the reasons why this ban should be reconfigured, we hope to contribute to an adaptation of the Romanian legislation in the direction of the Romanian constitutional modernism and to that of the community legislation.

  • Issue Year: 12/2019
  • Issue No: 1
  • Page Range: 532-542
  • Page Count: 11
  • Language: English