Qualifying legacy by particular title - A difficult task

Author:Ilioara Genoiu
Position:Lecturer PhD, Faculty of Law and Administrative Sciences, 'Valahia' University of Târgoviste
Pages:28-37
SUMMARY

The current Civil Code in force, unlike the previous one, succeeds into making a clear and natural distinction between will - as a whole - and legacy - as the main testamentary provision. Unfortunately, it does not also provide flawless regulations in terms of the categories of legacies, which are classified according to their object (universal legacies, legacies by universal title and legacies... (see full summary)

 
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LESIJ NO. XXI, VOL. 1/2014
QUALIFYING LEGACY BY PARTICULAR TITLE A DIFFICULT
TASK
Ilioara GENOIU*
Abstract
The curr ent Civil Code in force, unlike the previous one, succeeds into making a clear and natur al
distinction between will as a whole and legacy as the main testamentary provision. Unfortunately,
it does not also provide flawless regulations in terms of the categories of legacies, which are classified
according to their object (universal legacies, legacies by universal title and legacies by par ticular title).
In what the legacy by universal title is concerned, the Civil Code in force contains some controversia l
provisions at ar ticle 1056 par agraph (2) letter c), which interfere also with the correct qua lification of
legacy by pa rticular title. Then, the regulations of the legal regime applicable to the legatee by
particula r title also evince flaws, for instance a t article 1114 a rticle (3) letter b) of the Civil Code, so
that it becomes more a nd more difficult to qualify cer tain legacies, a s being by pa rticular or by
universal title. The cur rent work aims to point out the pr ovisions of the Civil Code mentioned before,
which generate or ca n generate potential contro versies, but also to propose certain remedies.
Keywords: universa l legacy, legacy by universal title, a ssets determined according to their
nature and origin, legatee by par ticular title, legacy upon a n inheritance collected and not liquidated
yet.
1. Introduction *
1.1. The field covered by the the me of the
study
The present work will disc uss a topic
of interest for hereditary law, more exactly
for the transmission of an inheritance by
will. Traditionally, the issue regarding the
legacy by particular title, which constitutes
the theme of this study, is approached within
the context of the main testamentary
provisions.
1.2. The importance of the study proposed
and the objectives targeted
Legacy represents one of the
provisions which a will can contain, actually
* Lecturer PhD, Facultyă ofă Lawă andă Administrativeă Sciences,ă „Valahia”ă Universityă ofă Târgovişteă
(ilioaragenoiu20@yahoo.fr).
the main testamentary provision. Its
qualification as being universal, by universal
title or by particular title is, in our opinion, a
difficult task, because the Civil Code
currently in force contains some
contradictory provisions on this matter.
These are the provisions of article 1056
paragraph (2) letter c) of the Civil Code and
of article 1114 paragrap h (3) letter b) of the
Civil Code. Considering that a legacy can be
classified, according to its object, within one
or another category from the ones mentioned
above, has both a theoretical and practical
advantage. After a legacy is included in the
category of universal legacies, legacies by
universal or particular title, it will beco me
subject to the legal regime applying to the
category to which it belongs.
The present study aims to point out the
specific features of the legacy by particular

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