Rules on the conflict of laws in the matter of succession in Romanian private international law

• Author: Daniel Berlingher
• Position: Western University
• Pages: 176-181

Rules on the conflict of laws in the matter of succession

in Romanian private international law

Lecturer Daniel BERLINGHER1

Abstract

Until the entry into force of the new Civil Code (1 October 2011), the law

applicable to inheritance made the distinction between the inheritance of movable property

(to which the national law of the deceased applied) and the inheritance of immovable

property (to which lex rei sitae applied).

At present, the Civil Code establishes, as a rule of principle, that inheritance is

subject to the law of the state on whose territory the deceased had habitual residence at the

time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the

one hand, the Hague Conventions in this matter, and on the other hand, European Union

law.

In this article I analyzed the law applicable to inheritance in Romanian private

international law, namely the law applicable to wills. Likewise, I conducted a comparative

study with the legislation of other states in this matter.

As regards the domain of application of the law on inheritance in Romanian

private international law, I presented the aspects governed by art. 2636 of the Civil Code.

Keywords: rule on the conflict of laws, conflict of laws, inheritance, will, lex

succesionis

JEL Classification: K11, K33

1. Introductory considerations

In the literature2, inheritance has been defined as the transmission of

property from a deceased individual to one or more individuals or legal entities (or

to the state).

The Civil Code, in art. 953, defines inheritance in a similar way, namely

“transmission of property from a deceased individual to one or more existing

persons”.

According to the source of inheritance rights, inheritance can be legal or

testamentary.

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1 Daniel Berlingher – “Vasile Goldis” Western University of Arad, Faculty of Law,

berlingherdaniel@yahoo.com

2 See in this sense, L. Stănciulescu, Curs de drept civil. Succesiuni, Hamangiu Publishing House,

Bucharest, 2012; Francisc Deak, Romeo Popescu, Tratat de drept succesoral, vol. I, Universul

Juridic Publishing House, Bucharest, 2013, p. 19, Codrin Macovei, Moştenirea legală, University

Publishing ”Alexandru Ioan Cuza”, Iaşi, 2006, pp. 27-28