I. JURISPRUDENȚĂ 1. Acceptarea tacită a succesiunii în cazul existenţei unei stări de indiviziune/coproprietate între succesibil şi defunct asupra unui bun care face parte din masa succesorală
I. JURISPRUDENCE 1. Tacit acceptance of succession in case of the joint ownership/co-ownership relation between the successor and the deceased regarding an asset of the succession

Summary/Abstract: Starting from the provisions of art. 689 of the Civil Code which allow that the acceptance of succession to be also tacit, and not only express, the court of first instance and subsequently, the court of appeal produced the evidence requested by the parties for the purpose of proving certain acts which the deceased H.A. undertook regarding the succession of the deceased H.I., and afterwards he judged about them, in the sense that it was not about any acts essentially permitting the intent of acceptance to be supposed, as the respondent had the capacity of co-owner of the estate forming part of the succession of the deceased, an estate in relation to which any deeds were performed and appreciated as proving the tacit acceptance of the succession. The view of the court of appeal about these deeds which were invoked to prove the tacit acceptance of succession, in the sense that they would be ambiguous, as the undoubted mother’s will to accept the succession of her son could not result from them, cannot be censured anymore by the court of appeal, and the criticisms made to this end in the second appeal do not call into question the legality of the contested decision, respectively the wrong interpretation and enforcement of art. 689 of the Civil Code, but its reliability, respectively the manner in which the court of appeal examined the evidence produced in the case as regards the issue of the tacit acceptance of succession.

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