DREPTUL LA MOȘTENIRE AL SOȚULUI SUPRAVIEȚUITOR
THE RIGHT OF INHERITANCE TO THE SURVIVING SPOUSE

Summary/Abstract: The right of inheritance of the surviving spouse is a topic of debate which has proven to be over time, of continuous interest. Both the provisions of previous legislation, as well as the current legislation, have shown it is of the utmost importance to clarify the legal issues related to this law, article below highlighting the main benefits provided by the surviving spouse the right to inheritance. Civil Code, which entered into force on 1 October 2011, the succession rights of the surviving spouse are covered in art. 970-974 (Section I entitled surviving spouse) of Chapter III - The legal successors of Title II - legal heritage. It is noted that the legislature has kept in principle configuration known surviving spouse inheritance rights established by Law no. 319/1944, only that they were incorporated into the new Civil Code. Basically, the succession rights of the surviving spouse make up a whole, not just about a single law to collect a part of the inheritance, but also other rights, adjacent and ancillary, the surviving spouse benefit by virtue of his status as husband and heir.

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