Tacit Acceptance of the Succession

• Author: Nicolae, I.
• Position: Transilvania University of Brasov, Faculty of Law
• Pages: 149-152

Bulletin of the Transilvania University of Braşov • Vol. 5 (54) No. 1 - 2012

Series VII: Social Sciences • Law

TACIT ACCEPTANCE OF THE

SUCCESSION

Ioana NICOLAE1

Abstract: This paper ex amines some essential and contradictory aspects

regarding the issue of tacit acceptance of succession i n terms of distinction

between documents valuing tacit acceptance of succession and other acts tha t

would not justify such a solution. The documents expressly indicated by the

legislator as having tacit acceptance value as well as t hose which do not

have such value are presented and their most important legal effects are

examined and discussed.

Key words: Civil Code, succession, inheritance, acceptance.

1 Transilvania University of Braşov, Faculty of Law.

In the regulatory framework of the

former Civil Code, according to art.689,

the acceptance “is tacit when the heir

draws up an a ct, t hat he could only do in

his quality of heir, and which necessarily

implies the acceptance intention.”

According to art.1108 par.2 of the Civil

Code 2009: “The acceptance is tacit when

the person entitled to legacy draws up an

act or makes a fact that he could only

commit in his quality of heir”.

The new regulation institutes therefore

two conditi ons for us to be in the

presence of tacitly accepting the

inheritanc e, namely th e act must only be

done in guise of heir and t he act must

suppose the intention o f accepting the

heritage. The question of delimitati ng th e

acts that h ave the val ue of a t acit

acceptance fro m those that would not

justify su ch a solut ion has been extre mely

controversi al along t ime.

This way, the art.690 of the former Civil

Code stipulated for the acts of

conservation, care and administration not

to constitute in themselves acts of tacitly

accepting the inheritance. This way,

paying the fiscal taxes of a building in the

succession cannot lead to the conclusion of

tacitly accepting the inheritance, as such an

act is not one of disposition, in the sense

stipulated by the art.689 of the former

Civil Code, but it has the nature of an

administration act.