THE PARTITION OF THE ASCENDANT – IN AN ATTEMPT TO REVITALIZE AN ANTIQUATED INSTITUTION –
THE PARTITION OF THE ASCENDANT – IN AN ATTEMPT TO REVITALIZE AN ANTIQUATED INSTITUTION –

Summary/Abstract: In theory, the partition of an ascendant is a good example of an act of estate planning, which still has the hope of occupying a privileged place among the legal means made available by the legislator to the author of the succession, who is trying to prevent future misunderstandings regarding the division of his or her inheritance. Regrettably, however, this institution is not sufficiently trusted by the people in question, since, even after almost eighteen decades since the partition of ascendancy saw the light in the Romanian legal landscape, ordinary people still show reluctance in this choice. At first glance, one might consider that reforming an institution, which is rarely used, even marginalized, would be of no practical benefit under the current socio-legal framework. However, we believe that concrete measures to improve the regulation of the division of inheritance offer real opportunities to revitalise this legal mechanism, which could perhaps become one of the most effective means of achieving a division of inheritance without the heirs having to „come hell or high water” to put an end to the state of indivision. This article thus proposes coordinated measures anchored in the reality of our society and inspired by the complex provisions of the inter vivos gifts, as they evolved in the French socio-economic framework and which, with certain nuances, can also be embraced in the Romanian legal space.

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