Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, February 19, 2014

Article on Inheritance Rights of the Surviving Spouse

SsrnRodica Peptan (Constantin Brancusi University of Targu Jiu) recently published an article entitled, Inheritance Rights of the Surviving Spouse in the Regulation of the New Civil Code - Comparative Approach, (December 30, 2013). Annals of the Constantin Brancusi University - Juridical Sciences Series, No. 4, 2013.  Provided below is the abstract from SSRN:

The new Civil Code in Book IV, About inheritance and liberalities, Title II - Legal legacy, Chapter III - Legal heirs, Section I - Surviving spouse, at art. 970-974, reforms some aspects on issue of surviving spouse inheritance rights. So, the new regulation in matters of succession retains from the previous one elements that relate to the new social realities and professional literature and practice have pronounced on their justness and, also, adds items whose absence from Law no. 319/1944 contents was claimed by those involved in the administration of justice.

The comparative approach of the two related to succession regulations has utility as according to art. 91 of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code because "inheritances opened before the entry into force of the Civil Code are subject to the law in force at the time of opening the inheritance" so that the prior to provisions until October 1st, 2011 still remain applicable.

            Note: Downloadable document is in Romanian and English.


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