Dispozițiile testamentare de desemnare a moștenitorului și legatarului (analiză de drept comparat)

Abstract

"This inquiry deals with a classical question of European succession law, if a testamentary disposition appointing a beneficiary is to be taken as a designation of a universal legal successor (testamentary heir) or merely a legatee (successor in respect of a single item of property). Wills prepared without the employment of a succession law specialist often contain designations of heir in respect of a single piece of property (heredis institutio ex re certa), which raises the question of the legal status of such a testamentary beneficiary (heir or legatee). Following the German and Italian models, the new succession law contained in the Moldovan Civil Code applies the test of the practical intent of the testator (mens testantis): whether he or she intended the beneficiary to merely receive a net financial advantage (i.e. institution of legatee) or to replace the testator in all of his or her legal positions (i.e. institution of heir)."