A short historical overview of the inheritance laws applied on the Romanian territory (19th-20th century)

• Author: R. Matefi/S.-D. Schiopu
• Position: Transylvania University of Brasov/Transylvania University of Brasov
• Pages: 177-182

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 9 (58) No. 2 - 2016

A SHORT HISTORICAL OVERVIEW OF

THE INHERITANCE LAWS APPLIED ON

THE ROMANIAN TERRITORY

(19th-20th CENTURY)

R. MATEFI1 S.-D. ŞCHIOPU2

Abstract: For a better understanding of the institution of inheritance and

the conflict of inheritance laws in time, this short overview attempts, on the

one hand, to highlight certain historical moments that defined the institution

of inheritance and its present-day configuration in the light of the successive

laws applied on the Romanian territory during the past two centuries, and,

on the other hand, to examine the advancement or the regression of the

surviving spouse’s rights in the inheritance left by the deceased spouse.

Key words: civil law, succession of laws, inheritance, historical provinces,

surviving spouse.

1. Introduction

" Civil laws viewed in their sense of source of civil law, like every normative act are

enacted by the competent authority in order to regulate the commissive and /or omissions

conduct of the persons to whom it is intended, in principle, as long as these laws are in force

"(Prescure & Matefi, 2012, p. 47).

In terms of law enforcement in time, the two essential moments that are currently relevant

are the moment thenceforth a certain law is applied and that until it is applied. G enerally

speaking, law enforcement is limited, according to the doctrine on three dimensions - time,

space and people, our analysis stopping at the first one, namely time.

2. The inheritance legislation applied in Romania’s historical provinces

I. Transylvania and Banat. The Austrian Civil Code (A.B.G.B.) was introduced in Banat by

the imperial decree of November 29th, 1852; it came into force May 1st, 1853; by the imperial

decree of May 29th, 1853 it was established that it would come into force September 1st, 1853

(Corjescu, 1921, p. IV). We must also mention that some parts of Transylvania and Banat

continued to enforce Hungarian private law.

According to the Austrian Civil Code, there was no distinction between man and woman in

regard to the possibility of inheriting from the surviving spouse; also, no distinction was made in

regard to their fortune or if they had lived together for a longer period of time.

1 Transylvania University of Braşov, roxana.matefi@gmail.com

2 Transylvania University of Braşov, dorinxschiopu@gmail.com