5. Acţiune civilă având ca obiect anularea certificatului de moştenitor formulată de un reclamant cu vocaţie generală la moştenirea defunctului pentru care s-a emis certificatul de moştenitor contestat
5. Civil action seeking annulment of a certificate of succession brought by a statutory heir omitted from the notarial proceedings

Summary/Abstract: A civil action is brought to annul a certificate of succession issued for the estate of the decedent, where the claimant – an heir‑at‑law with a general vocation to inherit – was omitted from the notarial procedure for various reasons. Because the claimant failed to accept the succession within the statutory period for exercising the right of option, case law has split: some courts deny standing to sue; others hold that the claim is devoid of legitimate interest on the ground that no practical benefit would ensue; still others dismiss the claim as unfounded on the merits, reasoning that the claimant cannot be recorded in the certificate, being deemed a renouncing heir. The legal arguments support the conclusion that the claimant demonstrates both standing and a legitimate interest in an action seeking the annulment of a certificate of succession – even if such annulment would not, by itself, entail recognition of the claimant’s status as heir.

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