Succession Problems in the Context of the New Civil Code and in International Private Law Relations

• Author: Dinu, C. - Barsan, M.I.
• Position: Law Department, Transilvania University of Brasov
• Pages: 69-78

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 1 - 2014

SUCCESSION PROBLEMS IN THE

CONTEXT OF THE NEW CIVIL CODE

AND IN INTERNATIONAL

PRIVATE LAW RELATIONS

C. DINU 1 M. I. BARSAN1

Abstract: This study provides an overview of the mai n succession-law

institutions, as they were regulated by the coming into force of the new Civil

Code, of the international private law relations in terms of succession. It also

highlights the tendency of European Union legisla tion in this area, given the

international and cross-border successions, which raise numerous law-

application and qualification problems, inclusi vely the recent adoption of the

European Parliament and European Council Regulation, no .650/2 012 from

July 4th, 2012, on the jurisdiction, applicable law, recognition and execution

of authentic decisions and acts in terms of succession, as well as the creation

of the European Certificate of Successor.

Key words: legal and testamentary inheritance, legal heirs, forced heirs,

succession-law conflict, international private law.

1 Law Department, Transilvania University of Braşov.

1. Presentation of the inheritance-

related provisions in the regulation

of the new Civil Code, entered into

force on October 1st, 2011, by the

Application Law no.71/2011 for the

enforcement of the new Civil Code

Art.953 of the new Civil Co de shows

that the inheritance is the transmission of a

deceased natural person’s patrimony to one

or several living persons. The legal text

previously quoted highlights, as first

aspect, that the inheritance rules only apply

to a deceased natural person’s patrimony,

which can be transmitted to a natural

person, to a legal entity, or to an

administrative-territorial unit – village,

city, municipality or State, under given

conditions.

In line with art.955 of the new Civil

Code, the deceased person’s patrimony is

bequeathed by legal inheritance, unless

stipulated otherwise by the testator. A part

of the deceased person’s patrimony can be

transmitted by testamentary inheritance;

and the other part, by legal inheritance.

Legal and testamentary inheritance,

regulated by the stipulations of art.955 in

the new Civil Code, is a modality to

acquire ownership. According to art.557 of

the new Civil Code, the o wnership can be

acquired, under law, by convention, legal

or testamentary inheritance, accession,

usucaption, as effect of bona fide

possession, in case of real property and

fructus; by occupation, tradition, as well as

by court decision, when it is property-

translative by itself.