Friday, August 31, 2012
Cosmin Dariescu (Lecturer Ph.D., University of Iasi) has recently published an article entitled, The Inefficiency of the Provisions of Article 553 Paragraph (3) of the Civil Code (Ineficienta Prevederilor Articolului 553 Alineatul 3 Cod Civil), Aug. 6, 2012. The abstract on SSRN is provided below:
The enforcement of Article 553 paragraph (3) of the Civil Code (Law no. 287/2009 republished in 2011), which provides that the Romanian state acquires any inheritance in abeyance from abroad or any abandoned immovable from abroad is impossible. That because it would contradict the choice-of-law rules of Article 2636 paragraph (2) and 2613 paragraph (1), both of the Civil Code and it would infringe the sovereignty of other states which entitled them to acquire the estates without a claimant or the abandoned immovable on their territory. Therefore we recommend the abrogation of Article 553 paragraph (3) of the Romanian Civil Code.