REGRETELE ȘI ERORILE UNEI MOȘTENIRI. TEORIA HAZARDULUI MORAL LA ÎNTOCMIREA UNUI TESTAMENT
REGRETS AND MISTAKES OF AN INHERITANCE. THE THEORY OF MORAL HAZARD IN DRAFTING A WILL

Summary/Abstract: The concept of moral hazard has been used for more than 200 years in various ways by many disciplines. Historically, there are two distinct paths that, quite recently, have intersected to create an environment conducive to discussions of moral hazard. The concept of moral hazard is, at its origins, a concept from economics and finance and refers to that phenomenon in which risk protection often encourages risky and dangerous behavior by assuming greater risks, in the sense that in an agreement or transaction, one of the parties involved is willing to assume high risks, on the grounds that any negative consequence deriving from the risk will also be borne by the other party involved in the agreement or transaction. The term moral hazard is used by economists to describe the situation where there are tendencies in planned insurance to encourage behaviors that increase the risk of insured loss. The concept can also be applied in succession law, but less obviously than in economics and finance. Succession law situations in which moral hazard can be applied in the matter of successions refer to those heirs who could adopt risky or immoral behaviors, having the certainty that they will benefit from a death or that they will not be affected by possible legal or financial consequences.

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