Rezerva succesorală între tradiție și modernitate. Elemente de drept comparat
The succession reserve between tradition and modernity. Elements of comparative law

Summary/Abstract: The article analyzes the institution of the reserve of succession as a legal concept located at the confluence between tradition and modernity, reflecting the permanent tension between testamentary freedom and family solidarity imposed by law. The approach goes beyond a strictly technical approach and places the inheritance reservation in a broader historical and philosophical framework, following its evolution from Roman law - initially marked by the absolute freedom to test and later by the consecration of legitimacy - to modern continental codifications, with emphasis on the Napoleonic Civil Code and its influence on Romanian law. The analysis is complemented by landmarks of the philosophy of law, from the foundations of natural law and the responsibility of parents towards descendants, to the utilitarian criticisms and ethical justifications formulated by Kant and Hegel, for whom inheritance and the family are structuring elements of the social order. In this context, the article examines the current regulation of the reservation of succession in Romanian civil law, highlighting its legal mechanisms and the limits imposed on the testator's autonomy of will. From a comparative perspective, recent developments in several European legal systems are analysed, which indicate a clear trend towards a more flexible reserve of inheritance and a rebalancing of the relationship between family protection and the freedom to dispose. The conclusion argues that these transformations do not mark the disappearance of the reserve, but its functional reconfiguration, from a rigid protection based exclusively on kinship to a model adapted to real vulnerability, proportionality and social utility.

• Details
• Contents