![]()
AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
|
|||||||
The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name. |
|||||||
STUDIA IURISPRUDENTIA - Issue no. 4 / 2012 | |||||||
Article: |
SOME REMARKS ON THE COMPULSORY SHARE / UNELE ASPECTE PRIVIND REZERVA SUCCESORALĂ. Authors: . |
||||||
Abstract: Some remarks on the compulsory share. The compulsory share has always been a controversial aspect of inheritance law. It gives substance to what the heirs are entitled to receive from the decedant to the extent of a certain portion wich ensures them an absolute legal right, of which they can not be deprived by will or gift. On the other hand, it represents the limit to the liberty of the deceased one to dispose of his own property. The implications of forced heirship are quite important and therefore the set of laws gouverning such a sensible domain must ensure a proper protection for both sides. The purpose of the present study is to approach the institution of the reserved portion in a comparative matter, in order to point out the evolution of the subject under the Civil Code of 1864 and the New Civil Code of 2011. The legislative evolution in this area has been sinuous and partially confusing. As far as the Romanian inheritance law is concerned, we believe that maintainig the reserved portion under imperative legal provisions is desirable as it is crucial for a smooth legislative transition of the successions law. Keywords: inheritance, compulsory share, competition between privileged heirs, abatement, surviving spouse, calculation, restitutions. |
|||||||
![]() |
|||||||