REGULATION OF THE RESERVE OF THE SURVIVING SPOUSE IN ROMANIAN CIVIL LAW
REGULATION OF THE RESERVE OF THE SURVIVING SPOUSE IN ROMANIAN CIVIL LAW

Summary/Abstract: Regarding the right to inherit of the surviving spouse, it can be mentioned that in any epoch in time, regardless of the legal provisions, the potentates of the time as well as those who had education had the possibility to transfer mortis causa rights over the surviving spouse. The New Civil Code introduced the institution of liquidation of the matrimonial regime that takes place on the occasion of divorce or in the debate on succession. The New Code also retains for the surviving spouse the right to live in the house where he or she lived until the date of the opening of the inheritance, if he or she has no other real right to use a suitable home and if the house is part of the property inheritance. As in Law 319/1944, which regulated the rights of the surviving spouse in the old regulation, the New Code also stipulates that any of the heirs may request the restriction of the right to housing if the dwelling is not entirely necessary for the surviving spouse or may provide another suitable dwelling (space accordingly, it is assessed according to the Housing Law No. 114/1996). The right of habitation expires on sharing, but not earlier than one year from the date of opening the inheritance. This right ceases, even before the expiration of the one-year term, in case of remarriage of the surviving spouse. All disputes regarding the right to housing regulated by this article shall be resolved by the court competent to judge the division of the inheritance, which shall decide urgently, in the council chamber. When he does not compete with the deceased's descendants, the surviving spouse inherits, in addition to the quota shown above, the furniture and household objects that have been affected by the common use of the spouses. The new code no longer provides for any special right of the surviving spouse over wedding gifts, as it was in Law 319/1994.

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