9. Reducţiunea liberalităţilor excesive. Dezmoştenirea indirectă prin instituirea unui legat universal în favoarea soţiei supravieţuitoare. Cotitatea disponibilă specială a soţului supravieţuitor
9. Reduction of excessive liberalities. Indirect disinheritance through the institution of a universal legacy in favor of the surviving spouse. The surviving spouse’s special disposable portion

Summary/Abstract: This article addresses civil-law remedies available to reserved (forced) heirs – particularly descendants – against excessive liberalities made by the deceased, using as a point of departure Civil Judgment no. 1420 of 11 October 2023 of the Medgidia District Court light of that decision, we examine the sanction applicable to such excessive liberalities and the manner in which it operates. We also consider the prospect of total indirect disinheritance of reserved heirs through the institution of a universal legacy in favor of the surviving spouse – an outcome which, as shown, is not permitted under Romanian law – and we discuss the protections afforded by the legislature to descendants from another marriage of the deceased when they come into competition with the surviving spouse.

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