DREPTURILE SUCCESORALE ALE SOȚULUI SUPRAVIEȚUITOR
THE INHERITANCE RIGHTS OF THE SURVIVING SPOUSE

Summary/Abstract: The present paper aims to analyze the configuration of the right to inheritance of the surviving spouse, subsequent to the entry into force of the new Civil Code, especially from the perspective of where the spouses have opted for one of the matrimonial regimes, other than the legal or conventional regime or Community arrangements for the separation of property regime. The inheritance rights of the surviving spouse presents certain peculiarities compared to the previous rules contained in Law No. 319/1944. At the time of death, the surviving spouse is entitled to the wealth left by the deceased. This right exists even if the couple were in divorce proceedings, where at the time of death there is yet no final decision on the divorce. The law protects the interests of the surviving spouse, setting some clear rules and conditions in order to benefit from certain rights to the deceased husband's inheritance. The surviving spouse rights are determined by law and are different from those of the legal heirs The succession law provides legal solution for the transmission of assets of an individuals at its demise. Inheritance is the transmission of the heritage of a deceased individual to one or more natural persons or legal entities, in being at the time of the transmission. This is one of the ways of acquiring property.

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