REGLEMENTĂRI PRIVITOARE LA DREPTUL OCUPAȚIONAL AL SOȚULUI SUPRAVIEȚUITOR ÎN NOUL COD CIVIL ROMÂN
REGULATIONS ON THE OCCUPATIONAL RIGHT OF THE SURVIVING SPOUSE IN THE NEW ROMANIAN CIVIL CODE
Author(s): Urs IlieSubject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: inheritance; surviving spouse; right of occupation; capacity of legal successor.
Summary/Abstract: The surviving spouse, who does not have another place to live, shall have, until the termination of joint possession and for at least one year since the decease of the spouse. He/she used to be eligible for this right since the day of partition, regardless of the heirs/successors he/she had to compete with, provided the surviving spouse did not have a place of his own to live. As a consequence, the surviving spouse must accept the inheritance of de cujus; should he/she give it up, he/she loses his/her capacity of legal successor and, implicitly, the right of occupation.
Journal: Fiat Iustitia
- Issue Year: 1/2015
- Issue No: 1
- Page Range: 180-184
- Page Count: 4
- Language: English
