DETERMINING THE TIME OF DEATH AND ITS IMPORTANCE IN THE INHERITANCE MATTER
DETERMINING THE TIME OF DEATH AND ITS IMPORTANCE IN THE INHERITANCE MATTER

Summary/Abstract: The time of death marks the opening of the inheritance. Establishing the exact time of death of the one leaving the inheritance has a great practical importance for the following reasons: rules of the right of inheritance can be applied from that moment; in case of a conflict in time of some successive inheritance laws, the applicable law is determined, depending on that moment; from the date of the inheritance opening, the term of 6 months of prescription of the right to successional option; in case of multiple heirs, the legacy opening date marks the day when the severalty state starts, and by which the declarative effect of dividing the inheritance retroactivates; the date of opening the inheritance determines where inheritance is opened, respectively at the last residence of the deceased; depending on the date of the inheritance opening, legal and testamentary heirs are determined. Determining the time of death has been the subject of vigorous debate in the literature. The medical doctrine distinguishes between brain death, clinical death, biological (real) death and apparent death.

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