Forgiveness of the unworthy: express, tacit or recognition of a right to collect the legacy left by the testator by a testament drawn up after the act of successoral unworthiness was committed? Cover Image
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Iertarea nedemnului: expresă, tacită sau recunoașterea unui drept de a culege legatul lăsat de către testator printr-un testament întocmit după săvârșirea faptei de nedemnitate succesorală?
Forgiveness of the unworthy: express, tacit or recognition of a right to collect the legacy left by the testator by a testament drawn up after the act of successoral unworthiness was committed?

Author(s): Mirela-Carmen Dobrilă
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: successoral unworthiness; forgiveness of the unworthy; removal of the effects of unworthiness;

Summary/Abstract: The study analyzes Article 961 of the current Civil Code on the removal of the effects of unworthiness, introduced as a novelty, to the previous regulation. There are analyzed the conditions in which it may be operated a removal of the effects of successoral unworthiness by the express forgiveness. Then, it is analyzed whether or not it may operate the removal of the effects of successoral unworthiness by the tacit forgiveness of the unworthy, with arguments in a negative sense. Within the study it is examined the future of the legacy left by the testator by a testament drawn up after the act of successoral unworthiness has ben committed, whether it has the meaning of forgiveness of the unworthy and of removal of the effects of unworthiness or whether, without having these meanings, it is actually recognized the right of the legatee to collect the legacy left by the testator by a testament drawn up after the act of successoral unworthiness has ben committed.

  • Issue Year: 2018
  • Issue No: 07
  • Page Range: 63-73
  • Page Count: 11
  • Language: Romanian
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