The Proof of the Heir Quality in the New Civil Code

Author:Ilioara Genoiu
Pages:154-161
 
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European Integration -
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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
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

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