THE EPHEMERAL RIGHT OF RESIDENCE FOR THE SURVIVING SPOUSE – EVIDENCE OF FAMILY SOLIDARITY IN THE SUCCESSION'S SPHERE?
THE EPHEMERAL RIGHT OF RESIDENCE FOR THE SURVIVING SPOUSE – EVIDENCE OF FAMILY SOLIDARITY IN THE SUCCESSION'S SPHERE?

Summary/Abstract: The solidarity function of a family is carried out between all its members, during the whole life. Through it, the unity, the protection, the intimacy and the cohesion of a family group, manifested from the very beginning of a family life, is guaranteed. In which context can we discuss about family solidarity after the death of one's spouse? Is the right of residence for the surviving spouse-recognized by the legislator-a panacea for solidarity in the sphere of succession law? This work contains a detailed analysis of the current legislation, in the field of the surviving spouse's right of residence, but also contains the ways in which the latter can be considered a proof of the family solidarity principle, manifested postmortem. The present research comprises an unique structure, so that the entire area of the indispensable premises to the comparative analysis, which concerns the right of the surviving spouse for residence, can be exposed.

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