MOŞTENIREA MONAHILOR ŞI ÎNCĂLCAREA DREPTULUI LA PROPRIETATE A MOŞTENITORILOR
THE NEED TO AMEND SOME OF THE PROVISIONS OF THE SECONDARY FISHERIES LEGISLATION TO MAKE THE CONSERVATION AND PROTECTION OF MARINE MAMMALS MORE EFFICIENT IN ROMANIA

Summary/Abstract: In this article we will submit for analysis, a decision of the ECHR regarding the monastic succession in Holy Mount Athos, having as successors on the one hand the monastery where the monk lived and on the other hand the legal heirs. The case originates in an application (no. 18312/12) against the Hellenic Republic involving three Greek nationals, who referred to the ECtHR on 26 March 2012 under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The applicants complained of the violation of their right to respect for property, as a result of the application by the Greek courts, in particular, of the provisions of Article 101 para. 2 of the Statutory Charter of Mount Athos, concerning the situation of a monk who, on the date of his death, had left the monastery where he had been ordained into monasticism, instead of the provisions of the civil code applicable in matters of succession.

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