Some procedural considerations regarding the invocation of unworthiness in an inheritance division action Cover Image

Câteva considerații de ordin procesual privind invocarea nedemnității într-o acțiune de partaj succesoral
Some procedural considerations regarding the invocation of unworthiness in an inheritance division action

Author(s): Oana Viorela Suba, Andrei-Ioan Dascălu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: successional indignity; Civil Code Articles 958–961; legal heir exclusion; judicial indignity; reserved inheritance rights;

Summary/Abstract: Successional indignity, as regulated by the new Civil Code in Articles 958–961, represents a means of excluding a legal or testamentary heir from the inheritance of the deceased, in cases strictly determined by law. Both legal and judicial indignity produce relative effects, applying only to the estate of the unworthy heir, without affecting the possibility of their own heirs to access the inheritance of the deceased through representation. Furthermore, indignity produces total effects, with the unworthy reserved heir losing even the right to the reserved portion of the inheritance.

  • Issue Year: 2016
  • Issue No: 02
  • Page Range: 79-81
  • Page Count: 3
  • Language: Romanian
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