Legislative News in terms of Testamentary Execution in the National Space Cover Image

Legislative News in terms of Testamentary Execution in the National Space
Legislative News in terms of Testamentary Execution in the National Space

Author(s): Ioana Nicolae
Subject(s): Constitutional Law, Civil Law, Law on Economics, Sociology of Law
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: testamentary inheritance; testament; clauses of last will; testator; testamentary execution;

Summary/Abstract: The New Civil Code, entered into force on October 1, 2011 brings legislative news in terms of testamentary execution, as follows – the testamentary executor can be explicitly appointed by the testator, but (s)he can also be appointed by a third party; as regards the acceptance or the renouncement of the testamentary execution, the law imperatively stipulates the form of the notarial authentic act; the administration right of the testamentary executor comprises both the conservation, administration acts and the disposal acts of useful character; the legal term of the testamentary execution lasts 2 years from the inheritance opening date, with the possibility of its reduction by the testator, or of its prolongation by the Court; the testamentary executor is obliged to account for his/her administration at the end of each year of the execution, as well as at the cessation of the execution; the testamentary execution ends at the expiry of the delay stipulated by law, excepting the situation where the Court decided the prolongation of this delay.