FALSE TESTIMONY IN NOTARIAL SUCCESSION PROCEEDINGS
FALSE TESTIMONY IN NOTARIAL SUCCESSION PROCEEDINGS

Summary/Abstract: The provisions of Article 108 of the Law of Notaries Public and Notarial Activity no. 36/1995 stipulates that in the notarial succession procedure, the capacity of successor and/or, as the case may be, the title of legatee, as well as their number, are established by civil status documents, by will and with witnesses, and the goods that make up the estate are proven by the agreement of the heirs or by any means of proof. At the same time, from the analysis of the provisions of Article 113 (2) i) of Law no. 36/1995, it follows that the final conclusion of the succession procedure must also include the testimonyof those present regarding the number and quality of the heirs, corroborated with the testimonyof the witnesses. Therefore, it is obvious that in the notarial succession procedure the test with witnesses is also administered and when closing the notarial succession procedure the notary must also take into account the testimonyof the witnesses. Considering the importance of proof by witnesses in the notarial succession procedure, in this paper we aimed to highlight the particularities of the crime of false testimony in the case of this procedure, as well as the relationship between this offense and the offense of influencing testimonies, while also analyzing the opinions expressed in the specialized literature regarding this offense as well as the relevant jurisprudence in the field.

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