The Successoral Reserve in Romania: Lessons from the Past and Prospects for the Future
Henri Capitant Law Review 7 (2014), p. 171-200
20 Pages Posted: 12 Apr 2017
Date Written: December 31, 2014
The second anniversary of the new Romanian Civil Code on 1, October, 2013, seems an appropriate time to comment on one of the most important aspects of its approach to succession: the compulsory share (in a more appropriate civilian tradition: successoral reserve). Our analysis aims to identify how the successoral reserve has been understood in Romanian law and how it may develop in the future. Our starting point will be the Code of 1864, as under the transitional provisions (article 91 of Law no. 71, of 2011, implementing and modifying the Civil Code), it continues to apply to successions that were opened before 1, October, 2011. Current estimates suggest that it will continue to be applied for at least another two or three decades. Main controversies will be exposed here and we will show how the new Romanian civil code answered to all of them. A broader comparative perspective will try to underline the legislative tendencies.
Keywords: law of succcession, successoral reserve, compulsory share, inheritance, surviving spouse, freedom of wills, Romania
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