Transmisiunea dreptului de proprietate pe cale succesorală. Perspectiva notarială
The transmission of the right of ownership by way of succession. A notarial perspective

Summary/Abstract: Private property rights, which hold a clear position of preeminence among the real rights listed in Article 551 of the Civil Code, are susceptible to acquisition, in the broad sense of the term, in several ways, expressly provided for in Article 557 of the Civil Code, of which we will discuss, in this paper, only inheritance, in both its legal and testamentary forms. There are multiple aspects involved in the transfer of the principal real right by succession, but on this occasion, we will focus only on those that we consider to be of greater practical relevance, such as proof of ownership, determination of the estate, the indissoluble relationship between the operation of establishing the estate and the matrimonial regime chosen by the deceased, the issue of registering ownership rights over real estate that is part of the inheritance bequest in the land registry, the tax due in the event of the division of the estate, and the sale of real estate acquired through inheritance. However, we will not neglect the theoretical aspects that are closely related to our topic, especially those that have sparked doctrinal controversy, and we will even attempt to formulate a point of view on them.

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