2. General provisions on classes of legal heirs and practical aspects relating to the partition of the estate Cover Image
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2. Dispoziţii generale referitoare la clasele de moştenitori legali şi aspecte practice ce privesc împărţirea moştenirii
2. General provisions on classes of legal heirs and practical aspects relating to the partition of the estate

Author(s): Larisa-Diana Onea
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal inheritance; certificate of inheritance; inheritance representation; legal shares;

Summary/Abstract: This article examines the determination of inheritance rights in cases involving successive successions, characterized by the repeated transfer of the same assets and by inconsistent expressions of inheritance shares in previous certificates of inheritance. The first part presents the relevant theoretical framework: classes of heirs, principles of intestate succession, representation of the estate, expression of shares as ordinary fractions, and the need to bring them to a common denominator. Based on this framework, the article analyses a practical case concerning the succession of two deceased persons – Child G (deceased in 2018) and her son, Child C2 (deceased in 2023) – whose estate derives from an original patrimony successively transferred through several prior devolutions. The study reconstructs the legal trajectory of the undivided shares, highlights the process of their consolidation, and determines the final estate and the legal heirs. The conclusions emphasize the importance of standardizing the inheritance shares and correlating all prior transfers to accurately determine inheritance rights in notarial practice.

  • Issue Year: 2026
  • Issue No: 02
  • Page Range: 306-325
  • Page Count: 20
  • Language: Romanian
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