5. Condiţiile de admisibilitate ale ordonanţei preşedinţiale în cazul reducerii termenului de opţiune succesorală
5. Conditions of admissibility of the interim injunction in the case of reduction of the time limit to exercise the right to inherit

Summary/Abstract: Based on a relevant court decision, the commentary examines how the special conditions for the admissibility of presidential ordinance are applied in relation to the institution of reducing the term of the option of succession provided for in Article 1.113 (1) of the Civil Code. In this context, the conditions regarding the appearance of law, the provisional nature of the measure, and the non prejudice to the merits do not need to be analyzed. On the other hand, there is an overlap between the condition of urgency provided for in Article 997 (1) and that concerning the incidence of well founded reasons regulated by Article 1.113 (1) of the Civil Code, while the requirement relating to the status of interested person is subsumed under the general condition of interest provided for in Article 32 (1) (d) of the Civil Procedure Code.

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