XII. VARIA 1. În oglindă: repunerea în termenul de opţiune succesorală versus repunerea în termenul de prescripţie
XII. VARIA 1. In the mirror: reinstatement within the term of the succession option versus reinstatement within the limitation period

Summary/Abstract: The succession option is a forfeiture option, the legal nature of which is no longer controversial in the current legislative context. As a result of its expiry, the right of inheritance option itself is extinguished, making it impossible to establish the status of heir, the successor being considered to have renounced the succession. The legislator combines the effects of the waiver of inheritance with those of the forfeiture of the right of inheritance option, so that the current legislation no longer supports the dichotomy between a successor who has forfeited the right of inheritance option and a successor who is presumed to have renounced. As for the reinstatement within the term of the inheritance option, it is governed by Article 2.522 of the Civil Code, as explicitly stated in Article 1.103 para. (3) Civil Code. It follows from the interpretation of Article 2.522 of the Civil Code that the period of 30 days referred to in this legal text is the time limit within which the right of option of succession must be exercised, and not the request for the rescheduling of the succession itself. As for the application for a new time limit, it may be made at any time up to the time when the court rules on the forfeiture of the right of option to inherit. Given that the forfeiture of the right of option to inherit is a matter relating to the merits of the case, the application for a new time limit may be made at any time up to the close of the proceedings.

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