ABOUT THE ORIGIN AND FUNDAMENTS OF SUCCESSIONAL INDIGNITY – historical landmarks with an impact on contemporary legal values –
ABOUT THE ORIGIN AND FUNDAMENTS OF SUCCESSIONAL INDIGNITY – historical landmarks with an impact on contemporary legal values –

Summary/Abstract: The purpose of this paper is the overall analysis, from an epistemological point of view, of the consequences of the reform of the Romanian succession civil law from 2011 on the contemporary legal values of succession law. The concrete question to be answered is the extent to which the new legal norms adopted in the field of civil law of indemnity of inheritance have axiological influence on family relations. The study aims to investigate two basic elements of the general theory of succession indignity: the origin and foundation of the institution of succession indignity. Based on the conclusions of the main theoretical doctrinal research in the field of inheritance law, as well as the classical works of Roman law, which we corroborated with the provisions of the new regulations, we consider the opinion that the reform of inheritance law leads directly to the revaluation of family relations. The finality of the present theoretical study shows that pursuant to Art 958-961 Civil Code by which two types of succession indemnity were introduced into the Romanian legislation – legal and judicial indignity – the controversies regarding the origin and the unique foundation of the succession indignity ended, each type of indemnity corresponding to an origin and a different foundation. If at the level of the doctrine, both Romanian and French, there were diametrically opposed opinions on the origin and foundation of succession indignity, this was mainly due to the different legal regime that indignity has naturally suffered throughout the history of law, through the obligation permanent adaptation to the changes of the cultural and social realities of the main peoples forming legal norms in the European space. The study also concludes that at the systemic level the contemporary legislator aligns himself with European “legal liberalism” in family matters by the tendency to legislate as much as possible through dispositive legal rules.

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