EIRP Proceedings, Vol 6 (2011)
The Proof of the Heir Quality in the New Civil Code
Abstract
Similar to the Civil Code in force, Law no. 287/2009 regarding the Civil Code, published in the
Official Gazette, but whose date of entry in force has not been established yet, regulates, as a main proof of
the heir quality, the heir certificate. Like de lege lata the proof of the heir quality may be realised, integrated
in the petition of heredity, and by other means of evidence. In the present paper we aim to analyze the
problem of the heir quality’s proof, under all its aspects in the light of the Law no. 287/2009 and to reveal the
novelties brought by this governmental decree in the matter subjected to our analysis and to appreciate upon
its correctness. We consider our scientific approach, through which we intend to contribute to the knowledge
of the new Civil Code dispositions on successional matter, until its entry in force, is current and useful.
Official Gazette, but whose date of entry in force has not been established yet, regulates, as a main proof of
the heir quality, the heir certificate. Like de lege lata the proof of the heir quality may be realised, integrated
in the petition of heredity, and by other means of evidence. In the present paper we aim to analyze the
problem of the heir quality’s proof, under all its aspects in the light of the Law no. 287/2009 and to reveal the
novelties brought by this governmental decree in the matter subjected to our analysis and to appreciate upon
its correctness. We consider our scientific approach, through which we intend to contribute to the knowledge
of the new Civil Code dispositions on successional matter, until its entry in force, is current and useful.
References
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