VI. CASELAW OF THE CONSTITUTIONAL COURT OF ROMANIA  Key Issues in Constitutional Litigation Regarding Successions: The Balance Between Rights and Procedures Cover Image
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VI. JURISPRUDENŢA CURŢII CONSTITUŢIONALE A ROMÂNIEI Aspecte reţinute în contenciosul constituţional în materia succesiunilor. Echilibrul dintre drepturi şi proceduri
VI. CASELAW OF THE CONSTITUTIONAL COURT OF ROMANIA Key Issues in Constitutional Litigation Regarding Successions: The Balance Between Rights and Procedures

Author(s): Ioana Cristina Vida
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Inheritance; Reserved portion; Legal succession; constitutional guarantees;

Summary/Abstract: In this section, we presented the main constitutional aspects concerning the right to inheritance, analyzing the rules of legal succession, especially the application of the principle of proximity of kinship and the institution of succession representation as means to ensure fairness and legal certainty in the transfer of patrimony. Procedural aspects are also addressed, such as the reinstatement of the deadline for acceptance of the inheritance and the requirement to present a certificate of heirship for access to the deceased’s medical data, as expressions of the protection of fundamental rights. Overall, it is concluded that the right to inheritance, although subject to legal conditions, benefits from coherent constitutional protection that reflects a balance between individual and social interests.

  • Issue Year: 2025
  • Issue No: 03
  • Page Range: 170-190
  • Page Count: 21
  • Language: Romanian
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