Rezerva succesorală şi ordinea publică de drept privat şi de drept internaţional privat român
Forced heirship and public policy in Romanian private law and Romanian private international law
Author(s): Carmen DimaSubject(s): Law, Constitution, Jurisprudence, Civil Law, International Law
Published by: Universul Juridic
Keywords: forced heirship; succession; disposable portion; right to inheritance; international private law public policy;
Summary/Abstract: The forced heirship is an archaic institution, incorporated into the Romanian legal system, including by the New Civil Code. Its public policy character in domestic law is indisputable. With regard to international private law public policy, while prior to the adoption by the European Court of Human Rights of the two now well known judgments Jarre v. France and Colombier v. France doctrine was rather cautious in excluding forced heirship from the scope of such public policy, after 15 February 2024 we may speak of a genuine revolution in the field of forced heirship within European private international law.
Journal: Revista Română de Drept Privat
- Issue Year: 2025
- Issue No: 03
- Page Range: 86-94
- Page Count: 9
- Language: Romanian
- Content File-PDF
