Legislative novelties brought on by the civil code in regard to nuncupative wills

• Author: I. Nicolae/D.G. Ionas
• Position: Faculty of Law, Transilvania University of Brasov
• Pages: 261-268

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 2 - 2014

LEGISLATIVE NOVELTIES BROUGHT

ON BY THE CIVIL CODE IN REGARD

TO NUNCUPATIVE WILLS

I. NICOLAE1 D.G. IONAŞ1

Abstract: The current study aims to analyze the most import ant legislative

novelties introduced in civil law when the Civil Code came into force, on

October 1st, 2011, in regard to nuncupative wills; at the same time, we will

provide a comparative presentation of these notions in the 1864 Civil Code.

We feel that this comparative presentation is necessary, as for the

inheritances started before the coming into force of the new Civil Code, the

law which governs their judicial faith is the 1864 Civil Code.

Key words: nuncupative will, exceptional circumstance, testator, legacy.

1Faculty of Law, Transilvania University of Braşov.

1. Introduction

According to the Civil Code, the last will

of the testator can occur under any of these

special forms:

- an ordinary will - holographic will and

notarial will (will in solemn form). The

ordinary will is signed under normal

conditions. The regulation of the forms of

ordinary will is stated in article 1040 Civil

Code;

- nuncupative will - the will written in

case of an epidemic, catastrophe, war or

other such exceptional circumstances; the

testament written aboard a ship or plane;

the testament of military personnel; the

testament written by a person admitted to a

medical facility.

These wills are written in exceptional

circumstances. The regulation of

nuncupative wills is stated in article 1047

of the Civil Code.

The will regarding amounts and

deposited values. This will is regulated in

article 1049 of the Civil Code.

We can notice that the new Civil Code no

longer regulated the mystic or secret will, a

regulation found in the 1864 Civil Code.

In regard to this form of testament, some

authors [3] believe the lack of regulating

this type of will in the current regulation

to be correct, as the mystic will was

not used very often; however, there are

contrary opinions expressed by other

authors [1].

The new Civil Code no longer regulated

the will written by a Romanian citizen

abroad, as this is subject to

private international law (article 2635

of the Civil Code).

Also, we must point out the fact that the

lawmaker had dropped the clause

regarding the amounts deposited at banks

but introduced the will regarding amounts

and deposited values [4].