Nedemnitatea succesorală în reglementarea noului Cod civil
Disqualification succession in regulating new Civil code
Author(s): Anthony MurphySubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: indignity succession; civil sanction; inheritance successor; unworthy;
Summary/Abstract: Disqualification succession, as an institution of the new Civil Code has a complex nature, being both a civil penalty and an overall negative condition to be coming to inheritance. As a civil sanction, unworthiness operates through disqualifications collect inheritance who committed a serious offense against the author or another heir. In contrast to the previous regulation, now has a general disqualification, is applicable both legal inheritance and the wills, including in matters of inheritance reserve. The new Civil Code was recognized and the possibility of removing the effects of the deceased indignity by the testamentary clause or authentic notarial act. Moreover, the penalty does not take effect and for the unworthy successors who would come into the inheritance and its representation.
Journal: REVISTA ARS AEQUI
- Issue Year: 2015
- Issue No: 1
- Page Range: 83-94
- Page Count: 12
- Language: Romanian
- Content File-PDF