Câteva aspecte de interes în legătură cu vânzarea moştenirii.
The sale of inheritance. A few interesting aspects.
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Academiei Române
Keywords: sale contract; open inheritance; seller’s duties; buyer’s duties; responsibility for the inheritance debts.
Summary/Abstract: The Civil Code regulates the sale of inheritance at articles 1747-1754, by establishing the special rules applying to it (related to form - ad validitatem and ad oposabilitatem, to the guarantee due by the seller, to the extent of the hand in duty belonging to the seller, to the object of the buyer’s duties, to the responsibility for the inheritance debts or to the common law statute of the inheritance sale in respect to other alienations of it). In this context, the present work aims to point out the specific character which this type of sale has regarding the sale-purchasing contract within common law, but also to analyse and identify, obviously in a brief and essential manner, the institutions of succession law which such sale puts in discussion. For instance, it becomes useful to know the meaning of the notion of open inheritance and, implicitly, of the sanction applied for the alienation of an inheritance not opened, of the value of tacit acceptance of the sale of inheritance rights upon the inheritance or one or several assets determined out of the hereditary patrimony, but also of the legal regime of family memories (both from the perspective of their sale and their partition).
- Issue Year: 2016
- Issue No: 4
- Page Range: 503-517
- Page Count: 15
- Language: Romanian