A Few Reflections Regarding the Functions of the Heir Certificate, Including the European One Cover Image

Câteva reflecţii în legătură cu funcţiile certificatului de moştenitor, inclusiv ale celui european
A Few Reflections Regarding the Functions of the Heir Certificate, Including the European One

Author(s): Bogdan Pătrașcu, Ilioara Genoiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Academiei Române
Keywords: heir certificate; evidence; property title; rightful ownership

Summary/Abstract: The current work shall discuss a couple of aspects related to the functions which the heir certificate has according to the Civil Code in force and, respectively, according to the E.U. Regulation No. 650/2012. In the context of the analysis of the new function provided to the heir certificate by the current Civil Code, namely that of a means of evidence of the property right enjoyed by the heirs accepting the inheritance upon the assets belonging to the succession patrimony, we shall attempt to determine the relation existing between the notions: way of acquiring the property right, evidence of this right and property title. By remaining in the same order of ideas, we shall also discuss the relation between the national heir certificate and the European one, but also the usefulness of currently knowing the legal regime which has been enjoyed by the heir certificate before the entry in force of the current Civil Code.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 172-185
  • Page Count: 15
  • Language: Romanian