Law of Succession in the New Romanian Civil Code

Abstract

This study outlines several novel elements of the law of succession, which were introduced by the new Civil Code of Romania, and compares them to earlier rules set forth by the Romanian Civil Code of 1864. A brief historical overview of Romanian civil law in general, and the law of succession in particular, is provided. Subsequently some of the issues raised by the legal literature relating to this field are examined. Among them are the opening of the estate, the prerequisites for succession, and disqualifying factors, such as unworthiness. Representation per stirpes, the rights of the surviving spouse over the estate, and the partially repealed prohibition of fideicommissary substitution are examined in more detail. For the sake of comparison, reference is made to the rules of succession contained in the new Hungarian Civil Code (as the Hungarian recodification of civil law largely coincided with that of Romanian civil law), in order to elicit the common concerns of the two legislators.