SYSTEMIC TRANSITION AND LEGISLATIVE TRANSPLANT. REFLECTIONS ON THE REGIME OF THE SUCCESSIBLE’S PASSIVITY IN THE ROMANIAN CIVIL CODE AND THE CIVIL CODE OF QUEBEC
SYSTEMIC TRANSITION AND LEGISLATIVE TRANSPLANT. REFLECTIONS ON THE REGIME OF THE SUCCESSIBLE’S PASSIVITY IN THE ROMANIAN CIVIL CODE AND THE CIVIL CODE OF QUEBEC

Summary/Abstract: The study examines the effects of the legislative transplant carried out through the adoption of the New Romanian Civil Code (Law no. 287/2009), under the influence of the Civil Code of the Province of Quebec (1991), on the legal regime of the successible’s passivity and the right of succession option. The comparative analysis highlights a clash of conceptions: in Romanian law, the heir’s silence derives its value from the voluntarist principle, whereas in Quebec civil law it acquires a positive meaning, being liable to produce effects of tacit acceptance (sommation d’opter). The paper shows that these solutions stem from different traditions of doctrine and case law: the Romanian system privileges freedom of will and the potestative character of the option, while the Quebec system pursues patrimonial stability and the protection of creditors. The conclusion emphasizes that Romania has adapted the mechanism of citation to opt, turning it into a presumption of renunciation conditioned by service of process, while preserving the coherence of the traditional Romanian system. The study argues for harmonization based on functional convergence rather than normative uniformity, reaffirming the primacy of testamentary and succession freedom.

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