La promesse - l'acte juridique précédant l'exercice de l'option successorale
The Promise-The Legal Act Preceding the Exercise of the Succession Option
Author(s): Mădălina-Gabriela Guță, Crina Maria StanciuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Administrative Law
Published by: Universul Juridic
Keywords: promise; stipulation; pacts; declaration of inheritance;
Summary/Abstract: Is the promise a preliminary act to the declaration of inheritance or is it an act included in the notion (in the concept) of declaration of inheritance? In other words, could acceptance of the promise by the beneficiary be equivalent to acceptance of the inheritance by the heir? In order to answer this question, we attempted to establish, like Ariadne's thread, the progression of the concept of promise, which we connected to the temporal condition. Indeed, it is Cronos who establishes the legal acts that can be concluded inter vivos and mortis causa.Is the promise a preliminary act to the declaration of inheritance or is it an act included in the notion (in the concept) of declaration of inheritance? In other words, could acceptance of the promise by the beneficiary be equivalent to acceptance of the inheritance by the heir? In order to answer this question, we attempted to establish, like Ariadne's thread, the progression of the concept of promise, which we connected to the temporal condition. Indeed, it is Cronos who establishes the legal acts that can be concluded inter vivos and mortis causa. The passage of time is that which guides us to the moment when the researcher finds only by comparison. Our research is aimed at comparing the Romanian and French law systems.
Journal: Revista Română de Drept Comparat
- Issue Year: 2023
- Issue No: 02
- Page Range: 266-284
- Page Count: 19
- Language: French
- Content File-PDF