CONSIDERATIONS ON THE TRANSMITTAL OF THE AFFECTED PATRIMONY BELONGING TO THE INDIVIDUAL FREELANCER THROUGH THE INHERITANCE
CONSIDERATIONS ON THE TRANSMITTAL OF THE AFFECTED PATRIMONY BELONGING TO THE INDIVIDUAL FREELANCER THROUGH THE INHERITANCE

Summary/Abstract: The effects deriving from the transmission, through inheritance, of the affected (assigned) patrimony (Rom: patrimoniu de afectațiune) of the individual freelancer, hereinafter referred to as IF, are not clearly and specifically regulated by the current legislation, respectively the Civil Code and the Govern Emergency Ordinance no. 44/2008 regarding the conduct of economic activities by the individual authorized freelancers, individual enterprisers and family enterprisers, hereinafter referred to as Ordinance 44. Thus, there may be different interpretations regarding the limits of the IF’s liability, as a professional trader, which is unlimited, versus the impact generated on the IF’s heirs, in the absence of the specific legal provisions regarding the distinct legal regime of the affected patrimony in comparison to the other rights and obligations that form the inheritance. The purpose of this article is to identify a solution in relation to the current legislative context and to submit proposals (de lege ferenda), which will bring the necessary clarifications, for the benefit of the legal practitioners and theoreticians, but also for business community in general.

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