SUCCESSORAL CAPACITY OF THE LEGAL ENTITY EXISTING ON THE DATE OF OPENING THE SUCCESSION
SUCCESSORAL CAPACITY OF THE LEGAL ENTITY EXISTING ON THE DATE OF OPENING THE SUCCESSION

Summary/Abstract: The successoral capacity of the legal person has some peculiarities as opposed to the successoral capacity of the natural person, especially regarding the type of inheritance to which the legal person is effectively entitled, namely the testamentary inheritance of the deceased, as well as the date from when is effective the succession liberality in case of the capacity of anticipated use, respectively from the date of the deed of establishment or, in case of testamentary matters, from the date of opening the testator's inheritance. The successoral capacity of the legal person is also distinguished by its limited / specialized nature: the legal person can have only those rights and can only undertake hose obligations that are not reserved by law to individuals, and i case of legal persons for non-profit – patrimonial purposes, the successoral capacity is limited only to acquiring by bequest hose rights and obligations that are necessary for the achievement of the purpose established by law, the deed of incorporation or the statute. Finally, we also point out that regarding the legal persons of public law, respectively the Romanian State and the Territorial Administrative Units, their successoral capacity, unlike the other legal persons, is not limited only to the modality of testamentary liberality by legacy, but they have the legal right to collect vacant inheritances.

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