Terţii din perspectiva dreptului succesoral şi al liberalităţilor
Third parties from the perspective of the inheritance law and the law of liberalities

Summary/Abstract: The legal inheritance relationships and of the law on donations have some specific characteristics in relation to their enforceability/unenforceability regarding third parties. The study contains a summary of the main institutions which are relevant from this point of view. Hence, it is first presented the question relating to the enforceability/unenforceability against third parties of the temporary right of habitation of the surviving spouse over the housing. Then, it follows the examination of enforceability against third parties of the revocation of donations because of ingratitude and failure to fulfil any tasks, as well as of donations between spouses. The 3rd section of the study refers to the presumption of donation provided for in Article 1.091 para. (4) of the Civil Code, to the reduction of donations and to the action for limitation of tasks to the available part of the inheritance. The 4th section of the study deals with the special situation of the deceased’s creditors as regards the payment of bequests, in light of the provisions of Article 1.067 para. (1) and (2) of the Civil Code. The 5th section shall be enshrined to the analysis of the unenforceability of assignments or provision of real rights (rights in rem) following the opening of the succession by the donors being beneficiaries of certain donations subject to reduction. The 6th section examines the question of Paulian revocation at the creditors’ request of the fraudulent waiver of the inheritance by successors. The 7th section has as object of reflection the question of the judicial evidentiary value of the inheritance certificate in the legal relationships with third parties. Finally, the 8th section of this study deals with the question of the opposition of any concerned third parties against succession property.

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