PARTICULARITIES OF THE SUCCESORAL RESERVE FROM THE SECOND CLASS INHERITORS
PARTICULARITIES OF THE SUCCESORAL RESERVE FROM THE SECOND CLASS INHERITORS

Summary/Abstract: The research aims to capture certain particularities of the II class of legal heirs, both in terms of it’s mixed character (being a mixed class consisting of both privileged ascendants and privileged collaterals), and in terms of the modality imputation of liberalities made to a reserved legal heir of this class, or to any non reserved heir. More precisely, the study takes into account the method of dividing the inheritance when the deceased grants either a reserved heir from the second class of legal heirs (art. 1099 paragraph (2) of the Civil Code), or when he grants an heir unreserved, and liberality is not subject to ratio. We consider the situation in which the request ordered by the decedent is excessive and its reduction is required to complete the inheritance reserve of the reserving heirs, as well as the one in which the bequest is less than the available quota and can be executed. There could be scenarios in which the effort to establish a system of fair division of the inheritance is dismantled by the violation of the inheritance reserve of those entitled. We will read in the content of the study what are the ways to remove these inadvertences of the succession reserve imperative.

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