IV. JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ 1. Între tăcerea legii şi interpretarea instanţei: aplicarea prin analogie a art. 958 C. civ. în lumina cauzei Velcea şi Mazăre c. României
IV. COMMENTED AND ANNOTATED CASE-LAW 1. Between the silence of the law and judicial interpretation: the analogical application of article 958 of the Civil Code in the light of Velcea şi Mazăre c. României

Summary/Abstract: Is the right to inherit an absolute privilege, or is it conditioned by the dignity of the one who claims it? Successional indignity represents a civil sanction consisting in the forfeiture of the heir’s right to collect the inheritance, as a consequence of committing a serious act against the decedent or against another co-heir. The Civil Code expressly provides the conditions under which an heir may be considered unworthy, but what happens when certain situations fall outside the text of the law? In the following, we will analyze a recent case in which the court, seeking to sanction a reprehensible conduct, exceeded the legal limits and the competences established by the legislator, thus highlighting the tension between morality and the letter of the law.

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