Successoral Capacity Peculiarities Of The Romanian Eclesiastical Staff - A Case Of Anomalous Inheritance

• Author: Veronica Stoica, Tiberiu Nicusor Chirilusa
• Pages: 21-30

LESIJ NO. XXV, VOL. 1/2018

SUCCESSORAL CAPACITY PECULIARITIES OF THE

ROMANIAN ECLESIASTICAL STAFF – A CASE OF ANOMALOUS

INHERITANCE

Veronica STOICA

Tiberiu Nicuor CHIRILU

Abstract

The present study aims at radiographing the condition of the legal capacity to inherit, situated

at the confluence of two domains, the legal and the theologica l one, with convergence points, but also

with some distinct consequences. Thus, the ba sic benchmark of the study focuses on one of the

fundamental conditions of the individual to be able to exploit mortis causa of their cujus patrimony, the

ability to inherit. F rom this perspective, the authors ha ve proposed to a nalyze the par ticular situation

in which the person ca lled to inherit under the law is a person of a special status, belonging to the

ecclesiastical sta ff. Thus, special situations a re identified, which derogate from the common law, with

derogator y consequences from the nor mative char acter of the successor tra nsfer. This is the case of

monk succession, which is subjected, as we shall see, to special rules that generate, in the case of legal

devolution, an anomalous succession in favor of the Diocese or the monastery, with the total exclusion

of legal heirs.

Using the systemic method, the authors submitted to interpreta tion both the provisions of the

Civil Code and some norms with a special character , which represent a r eference point in the analyzed

issue. In the absence of any doctrinal assessments as well as jurisprudentia l solutions, the present

study may repr esent a sta rting point for the consecration of this a nomalous succession case and the

different consequences it identifies.

Keywords: legal inherita nce, successoral capa city, church, monk, special law.

1. Introduction

The question of law to be analyzed

derives from an attribute inherent in the

human being, materialized and

constitutional in that “the right to inheritance

is guaranteed”

1. The imperative of

protecting this right also confers the

legitimacy and the guarantee of the right to

 Professor, PhD, “AlexandruăIoanăCuza”ăPoliceăAcademy, Bucharest (e-mail: verostoica@yahoo.com).

 PhD Candidate,ă“AlexandruăIoanăCuza”ăPoliceăAcademy,ăBucharestă(e-mail: chirilutatiberiu@yahoo.com).

1 Article 46 of the Romanian Constitution refers to both legal in heritance and testamentary legacy. The

Constitution was amended and supplemented b y the Law on the Revision of the Romanian Constitution no.

429/2003, published in the Official Journal no. 767 of 29 October 2003 and entered into force on 29 October 2003.

inheritance, thus constituting its

intangibility.

The present approach has as a starting

point a somewhat special hypothesis of the

right to inheritance, that of the capacity to

inherit of a category of individuals with a

special status, that is, the ecclesiastical staff,

a situation which at first sight should not

deviate fro m the rules of common law, the

Civil Code making no reference in this case.