4. Constatarea vacanţei succesorale pe cale judecătorească. Admisibilitate
Judicial ascertainment of a vacant succession. Admissibility

Summary/Abstract: A possible reading of Article 1,137 of the Civil Code led the court of first instance – erroneously in the Tribunal’s view – to conclude that the law grants notaries public exclusive competence to declare a vacant succession; therefore, an action with this subject brought before a court would be inadmissible. However, even though the Civil Code provides that vacant estates are established by a certificate of vacant succession issued by a notary public [see, e.g., Article 553(2) of the Civil Code], the courts’ competence cannot be excluded to adjudicate cases in which, for various reasons, efforts to obtain a certificate of vacant succession from a notary public have failed.

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