ESTE JUST SĂ VINĂ LA SUCCESIUNE UCIGAȘUL LUI DE CUIUS?
SHOULD THE DECEASED'S KILLER INHERIT?

Summary/Abstract: This paper examines, through multiple jurisprudential and legislative references, the issues caused by the inheritance vocation of the person who killed the deceased. Among others, a key aspect on which we insist throughout the paper is committing the offense in relation to the legal provisions and the testator's will, in the context of either intestate succession or testamentary. We notice throughout the article the heterogeneous manner of jurisprudential and legal analysis related to the issues mentioned above. Thus, although some systems consider appropriate the succession vocation of the deceased's killer, other legal systems believe it represents an absolute impediment, without distinction. We mention that for the jurisprudential analysis we used mainly cases settled by courts in the US, following to analyze in a subsequent article different cases settled by European courts. Our point of view, explained throughout the article, advocates towards finding a middle way between the two legislative and jurisprudential directions. Thus, we believe the context of committing the offense against the deceased and the abatement of the sanction, with particular reference to the situation of killing on request ( mercy killing), assisted suicide and euthanasia, should be clarified. In this case, we consider essential the explanation and regulation of the sanctions applied to the person who commits the criminal act to fulfill the will of the deceased.

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