The Proof of the Heir Quality in the New Civil Code

• Author: Ilioara Genoiu
• Pages: 154-161

European Integration -

Realities

154

The Proof of

“Valahia” University o

Abstract

: Similar to the Civil C

Official Gazette, but whose date

the heir quality, the heir certifica

in the petition of heredity,

and

problem of the heir quality’s pro

novelties brought by this govern

its correctness

. We consider our

of the new Civil Code

disposition

Keywords

: heir certificate; heir q

1. General Considerations r

e

The problem of the heir quality

current Civil Code,

unfortunatel

recognized by the doctrine and

interest to regulate the principal

of heredity” does not have

a legal

Currently, in the absence of a

leg

by the doctrine as being the real

general title) asks the court to

re

the defendant, who also

claims t

Bacaci & Comăniţă, 2006;

Chi

Soreaţă, 2009; Genoiu, 2008).

Law no. 287/2009 regarding the

transmission and the partition o

affecting its Fif

th Section (article

1

This work was supported by CNCS

62/2010.

2

It was published in th e Official Gazet

governmental decree it is foreseen that “

its appliance”. According to the dispos

publishing date of the present Civil Cod

implementation of the Civil Code”.

es and Perspectives

of the Heir Quality in the New Civil Co

Ilioara Genoiu

1

ty of Târgovişte, Faculty of Law and Social

-

Politica

ilioaragenoiu20@yahoo.fr

l Code in force, Law no. 287/2009 regarding the Civil Code,

ate of entry in force has not been established yet, regulates, a

icate. Like

de lege lata

the proof of the heir quality may be re

nd

by other means of evidence.

In the present paper we ai

roof, under all its aspects in the light of th e Law

no. 287/2009

ernmental decree in the matter subjected to our analysis and to

ur scientific approach, through which we

intend to

contribute

tions

on successional matter, until its entry in force, is current

ir quality certificate; petition of heredity; civil status papers

egarding

the Proof of Heir Quality

ity proof is asked, mainly, in the petition of inhe

tely

, does not regulate the petition of heredity,

a

by the jurisprudence. As a consequence of

the

legal mean of protection of the successional

righ

gal basis

in terminis, although this name is

regularly

legal regulations

, the petition of heredity - petitio

he

action through which the claimant (legal heir,

leg

recognize

his title of heir and the refund

of the su

s to be

general heir or with general title of

the dec

hirică, 1996

; Stănciulescu, 2008; Popa, 2008;

D

the Civil Code

2

regulates the petition of heredity

of the inheritance, Chapter I

–

The transmission

cles 1130

-1131).

CSIS

-UEFISCSU, project number PN II-

RU, code PD_139

zette of Romania no 511 from 24

th

of July 2009. In article 26

t “The present Civil Code c

omes in force on date that will be e

ositions of the paragraph (2) of the same law text, “In a 12

Code, the

Government will submit for adoption

to the Parliam

2011

Code

ical Sciences,

de, published in the

, as a main proof of

realised,

integrated

aim to analyze the

09 and to reveal the

d to appreciate upon

te

to the knowledge

and useful.

heritance content. The

although it

is widely

he legislature’s

lack of

ghts

, the term “petition

rly used

.

hereditatis

- is defined

legatee

general or with

successional assets

by

deceased.

(Deak, 2002;

Dogaru,

Stănescu &

ity, in Title IV

– The

ion of the inheritance,

139/2010, contract number

2664 paragraph (1) o f this

e established by the law for

12 months’ term from the

iament the draft

law for the