CODECESUL ŞI COMORIENŢA – ASPECTE DE DREPT COMPARAT
SIMULTANEOUS DEATH AN COMMORIENTES - COMPARATIVE LAW

Summary/Abstract: The creation of the European Union has generated a large migration of the population between the member states in general and between Romania and other member states in particular, thus earning some properties used as secondary residences.This reality has certainly determined a growth in extraneity inheritances. The lack of unitary rules regarding inheritances creates significant difficulties in the cases with an element of extraneity as well as for the inheritants. The theme of the juridic situations of the commorientes has a practical importance for the inheritance law as well as for the special juridic situation of life insurance. Of a great importance is the fact that there cannot be determined exactly the order of the deceased, therefore it cannot be determined whether a person inherits the other. In this matter the laws of the member states have evolved differently in the way that some have establiashed the presumption of simultaneous death while others have established the presumption of survival depending on age or gender.

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