General Aspects Regarding the Civil Institution of Legacy and Wills in the New Civil Code

• Author: Ionas, D.G.
• Position: Law Department, Transilvania University of Brasov
• Pages: 129-134

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 6 (55) No. 1 - 2013

GENERAL ASPECTS REGARDING THE

CIVIL INSTITUTION OF LEGACY AND

WILLS IN THE NEW CIVIL CODE

Diana G. IONAŞ1

Abstract: The testament is the unilateral, personal and reversible document

through which a person called bequeather disposes in one of the forms

provided by the law for the time when he/she will no longer be alive. The

main object of the testaments is represented by legacies. But the legacy is the

testamentary provision through which the bequeather stipulates that when

he/she passes away, one or more legatees will acquire his/her entire

inheritance, a part of it or certain assets. In consequence, the modality of

transmission and acquiring of property is the legacy, and not the testament.

That is why, in the reference books, a question often asked is the one

regarding the legal character of the testament and, in consequence, its

characteristic features in relation to its legal character of generosity, like

donation.

Key words: testament, legacy, judicial character, characters.

1 Law Department, Transilvania University of Braşov.

1. Introduction

When a person passes away, his/her

inheritance is passed on to those entitled

according to the law. Although the

inheritance ab intestat represents the rule,

it can be superseded by decuius by

drawing up a testament. According to

article 1034 in the New Civil Code, the

testament is a unilateral, personal and

reversible document, through which a

person called bequeather disposes in one of

the firms provided by the law for the time

when he/she will no longer be alive.

The main object of testaments is

represented by legacies. The legacy is

defined in article 986 from the New Civil

Code and is the judicial document

comprised in a testament through which

the bequeather appoints one or more

people who, when he/she passes away, will

receive his/her entire inheritance, apart of

it or certain assets.

In such a situation, the following

question was asked in the reference boo ks:

which is the legal character of the

testament?

According to one opinion [1], the

testament was characterized as being a

legal pattern which records a

manifestation of will expressed in the form

of a legacy. Therefore, the role of the

testament is that of a legal document which

contains legacies, namely dispositions of

last will with a character of translative

ownership. In case it comprises other

testamentary dispositions apart from

legacies, then a single document comprises