Condiții ale aplicării prezumțiilor de renunțare la moștenire instituite în noul Cod civil
Terms of applying the presumption of waiver of inheritance established in the new Civil Code
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: inheritance; waiver; assumption.
Summary/Abstract: The New Romanian Civil Code establishes in its articles 1.112 and 1.113 two rebuttable assumptions that one has relinquished an inheritance to which he was otherwise entitled. Use of these texts is rather difficult, because outside the framework of contradictory debates occurring in a civil trial, it is particularly difficult to prove the connected facts based on which one could assume that waiver to an inheritance. In order to do so, it would be necessary to bring evidence that the entitled heir, who is to be presumed having waived the inheritance, has not made any acceptance act at all, and that in his regard, the one-year long delay as stated by the art. 1.103 NCC or as reduced by a court of law under art. 1.113 NCC has expired. It follows that art. 1.112 and 1.113 NCC should be interpreted in a manner that allows for practical use of these texts.
- Issue Year: 2013
- Issue No: 05
- Page Range: 29-36
- Page Count: 8
- Language: Romanian