REZERVA SUCCESORALĂ ÎN CAZ DE CONCURS AL SOŢULUI SUPRAVIEŢUITOR CU PĂRINŢI ŞI FRAŢI AI DEFUNCTULUI
SUCCESSION RESERVATION IN CASE OF CONTEST OF THE SURVIVING SPOUSE WITH PARENTS AND BROTHERS OF THE DEAD

Summary/Abstract: Disinheritance of the surviving spouse, privileged ascendants and collaterals, when they come together to the inheritance, imposes the granting of a legitimate part to those protected by the law maker, through the establishment in their favour of a forced heirship (survivind spouse and parents). Regulated by different laws (Civil Code from 1864-which establishesparents’ forced heirship and Law nr. 319 from 1944- regarding the forced heirship of the surviving spouse) difficult to corroborate, the problem concerning the extent of the forced heirship in the particular situation herein mentioned, has determined controversy in both, legal practice and specialized literature. Our research follows to present solutions designed to meet the spirit of the provisions stipulated in the aforesaid normative acts.

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