Rules on the conflict of laws in the matter of succession
in Romanian private international law
Lecturer Daniel BERLINGHER1
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
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
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
According to the source of inheritance rights, inheritance can be legal or
1 Daniel Berlingher – “Vasile Goldis” Western University of Arad, Faculty of Law,
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