QUALIFYING LEGACY BY PARTICULAR TITLE – A DIFFICULT TASK Cover Image

QUALIFYING LEGACY BY PARTICULAR TITLE – A DIFFICULT TASK
QUALIFYING LEGACY BY PARTICULAR TITLE – A DIFFICULT TASK

Author(s): Ilioara Genoiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universitatea Nicolae Titulescu
Keywords: universal legacy; legacy by universal title; assets determined according to their nature and origin; legatee by particular title; legacy upon an inheritance collected and not liquidated yet

Summary/Abstract: The current Civil Code in force, unlike the previous one, succeeds into making a clear and natural distinction between will – as a whole – and legacy – as the main testamentary provision. Unfortunately, it does not also provide flawless regulations in terms of the categories of legacies, which are classified according to their object (universal legacies, legacies by universal title and legacies by particular title). In what the legacy by universal title is concerned, the Civil Code in force contains some controversial provisions at article 1056 paragraph (2) letter c), which interfere also with the correct qualification of legacy by particular title. Then, the regulations of the legal regime applicable to the legatee by particular title also evince flaws, for instance at article 1114 article (3) letter b) of the Civil Code, so that it becomes more and more difficult to qualify certain legacies, as being by particular or by universal title. The current work aims to point out the provisions of the Civil Code mentioned before, which generate or can generate potential controversies, but also to propose certain remedies.

  • Issue Year: XXI/2014
  • Issue No: 1
  • Page Range: 28-37
  • Page Count: 10
  • Language: English