Drepturile succesorale ale soțului supraviețuitor în Țara Românească și Moldova în secoele XVIII-XIX

Abstract

The current analysis follows the historical evolution of the succession rights of surviving spouse in the codifications of the ancient written Romanian law. The extent and the nature of the succession rights of living spouse varied according to different elements, such as: the poverty of the partner, the absence of remarriage, the number of descendants born during the marriage, the later’s age of death determined from the moment of the opening to the ascendant’s succession etc. Until the application of Cuza’s Civil Code in 1865, the only matrimonial regime in force in the ancient written Romanian law was the dowry regime. We have conducted an analysis on what was the outcome of the dowry estate in the event one spouse had predeceased, due to the fact that, together with the patrimonial advantages offered by succession law, the surviving spouse had substantial benefits from termination of the matrimonial regime.