INHERITANCE – LEGAL ETERNITY
INHERITANCE – LEGAL ETERNITY

Summary/Abstract: In this article we seek to demonstrate that the deceased's patrimony is not lost but will be transferred to his successors who will pass it on to their successors, by adapting the principle of the Greek philosopher Anaxagoras of Clazomenae, „Nothing is born or lost, but things that already exist are combined and then separated again. „ to the legal reality of inheritance. The institution of inheritance in Romanian civil law aims to ensure a continuity, especially of the patrimonial legal relations, considering the fact that the person does not have an eternal existence. The inheritance has played a key role since ancient times. Starting from the idea of the existence of a patrimony over which the heirs have a lifelong right of possession as well as the obligation to hand it over to the successors, it required the intervention of the regulations of inheritance law and the concern of the Romanian legislator for reuniting and perpetuating the deceased's patrimony. The characteristics of the transmission of the patrimony by inheritance prove that, even after the disappearance of the personality, the activity of the deceased during his life is transmitted to his descendants and does not disappear with death. The inheritance is a perpetual institution through which rights and obligations are transmitted. Succession is the transmission from generation to generation, suggesting, among other things, the principle of continuing the personality of the deceased. The legislator regulated in the Civil Code and in other legal norms the manner and order of transmission of the deceased's patrimony and established the responsibility that the heirs have in connection with ensuring legal certainty in the case of debts that are part of the deceased's estate. Civil law seeks to regulate all situations to ensure the continuity of vacant assets and liabilities.

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