THE IMPACT OF ART. 887 PARA. (3) CIVIL CODE ON THE NOTARIAL SUCCESSION PROCEDURE
THE IMPACT OF ART. 887 PARA. (3) CIVIL CODE ON THE NOTARIAL SUCCESSION PROCEDURE
Author(s): Alin-Adrian MoiseSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: land register; public notary; notarial succession procedure; certificate of heirship;
Summary/Abstract: The subject of this study is a norm in the application of which sometimes the notarial succession debate intersects with the rules of the land register. It is about art. 887 para. (3) Civil Code, according to which the holder of the real estate right acquired by inheritance will not be able to dispose of it through the land register until after the right has been registered. In the following lines, we try to critically analyze the practice of the courts of law regarding the mentioned text, in order to demonstrate that the legal norm that regulates this situation must be interpreted and applied in a different key.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: XII/2023
- Issue No: XII
- Page Range: 60-68
- Page Count: 9
- Language: English
