Sunday, November 24, 2013
Ioan Popa (Independent) recently published an article entitled, Actual Possession of the Inheritance. Seisin, Romanian Review of Private Law no. 4/2013. Provided below is the abstract from SSRN:
This study is intended to review and place into a new vision the institution of seisin, taken from the French law, but unadapted to the specificity of Romanian law.
The New Civil Code redefines seisin, but it remains, in our opinion, tributary to classical concepts and theories about seisin, theories that have lost their actuality, becoming incompatible with the new regulations. In this new vision, we also tried to establish the possible existence of a connection between seisin and the certificate of inheritance, but we found, in the end, that there is no causal relationship between the two institutions, but, in fact, even the issuance of the certificate of inheritance excludes any factual possession of the estate property as a seisin.