Some Features of the Seisin (The Rightful Acquisition of the Inheritance Possession)

• Author: Gherghina, A.M.
• Position: Junior Lecturer at 'Constantin Brâncoveanu' University
• Pages: 49-56

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 6 (55) No. 2 - 2013

SOME FEATURES OF THE SEISIN

(THE RIGHTFUL ACQUISITION OF

THE INHERITANCE POSSESSION)

A.M. GHERGHINA1

Abstract: According to the provisions of the Civil Code, there are many

elements of novelty regarding the rightful acquisition of the inheritance

possession, respectively of the seisin. That's why I considered auspicious to

shed light in terms of this institution in the Romanian civil law and what its

characteristics are.

The seisin is the benefit conferred by the law to some categories of legal heirs

of the deceased who can enter themselves into possession of the succession

goods and may exercise the rights and actions acquired from the defunct,

without prior notice, being however necessary to check and certify the quality

of heir by a notary or judicial process. Seisin raises a particularly complex

problem and acquires the legal nature of a fundamental right: to gain

possession of the inheritance. The rules which have power over the institution

of seisin are imperative. That's why the deceased cannot withdraw or grant

benefit to other heirs than those prescribed by law, nor can they alter the

effects of the seisin, after their will.

Key words: acquisition, seisin, heirs, rights, possession.

1 Junior Lecturer at “Constantin Brâncoveanu” University.

1. Introduction

According to the provisions of article 955

paragraph 1 Civil Code "The deceased's

patrimony is transmitted by legal

inheritance, to the extent that the one who

left the legacy has not ordered otherwise

by testament".

Inheritance rights to which heirs are

entitled shall be transmitted to them from

the opening of the inheritance.

According to the doctrine, regarding the

acquisition of possession, we must

distinguish between the successors as they

benefit from the seisin, or should be

required to vest in their possession, and if

they are legatees, it should be forwarded to

the legate [1].

In addition to the heirs provisioned by

the law (surviving spouse, descendants and

ascendants of the deceased heirs) the other

heirs are forced to vest in their possession,

because according to the Civil Code

(article 1126 Civil Code), the surviving

spouse, descendants and ascendants of the

deceased are privileged regarding the

possession of the inheritance. It should be

kept in mind that these heirs who must

request the vesting of possession can be

both legal and testamentary heirs.

The civil code distinguishes between

three categories of heirs [2]:

– heirs who have seisin;