Succesiunea reglementărilor de drept material aplicabile moștenirii după Marea Unire
The Succession of Substantive Material Rules Applicable in Legacy Matter after the Great Union

Author(s): Silviu Dorin Şchiopu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: inheritance; applicable law; substantive law; succession of laws; conflict of laws.
Summary/Abstract: Although it brought together the historical provinces, the Great Union from 1918 did not mark as well the moment of a legislative unification in the matter of inheritance law. The territory of Romania resembled to a legislative mosaic consisting of the Romanian Civil Code from 1864, the Austrian Civil Code, the Hungarian customary law, the Hungarian laws and the Imperial patents as well as the Islamic law. This was the starting point of an evolution that, in terms of legislative unification, culminated with the extension of the civil legislation from the Old Kingdom to the other historical provinces. Since more than once the succession procedure is neglected by the heirs, even over several generations, the study of the succession over time of the regulations of substantive law applicable to the inheritances does not lack practical utility, still being encountered situations in which could be invoked dispositions of material law that ceased to be in force in Romania since the first half of the century or more recently, such as the case of the Romanian Civil Code from 1864. Remembering the past and looking into the future, the Regulation (EU) no. 650/2012 provides us a new perspective on what conflicts of laws mean in a world of the free movement of goods, service, people and capital, conflicts which may also lead to adaptations of the national regulations of substantive law applicable to the inheritance.

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