VACANT INHERITANCE. SUMMONING OF HEIRS (ART. 1137 CIVIL CODE)
VACANT INHERITANCE. SUMMONING OF HEIRS (ART. 1137 CIVIL CODE)

Summary/Abstract: The purpose of this material is nothing other than to carry out an objective analysis of the provisions of Article 1137 of the Civil Code, starting from a concrete situation encountered in notarial practice, perhaps not unique, but which can certainly arise in other specific cases as well. The legal definition of a vacant inheritance can be found in Article 1135 of the Civil Code, according to which "If there are no legal or testamentary heirs, the inheritance is vacant. If only a part of the inheritance has been assigned through a legacy and there are no legal heirs, or their entitlement has been restricted as are sult of the will left by the deceased, the portion of the inheritance that remains unassigned is vacant." The Romanian Civil Code in article 1137 introduces a novelty in Romanian civil law, namely the procedure of summoning heirs, as a preliminary step to issuing the certificate of inheritance vacancy.

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