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

AuthorVeronica Stoica, Tiberiu Nicusor Chirilusa
LESIJ NO. XXV, VOL. 1/2018
Veronica STOICA
Tiberiu Nicuor CHIRILU
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:
 PhD Candidate,ă“AlexandruăIoanăCuza”ăPoliceăAcademy,ăBucharestă(e-mail:
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
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.

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