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Codrin Macovei, Mirela Carmen DOBRILĂ: Liberalities imputation in the New Civil Code. Assumptions calculation

Abstract: The draft of the Civil Code from 2009 envisaged a revolutionary and interesting solution on the right of optionregarding succession in the original version of the Government. All heirs, both legally and devisee were deemed as persons who accepted by right the succession; practically the right of option regarding succession was reduced solely to the possibility of refusing this consequence of law, by waiving the inheritance. From this perspective, an interesting consequence would have targeted the matter of indignity, namely that of ingratitude, which would have acquired much greater meaning and responsibilities. Unfortunately, the final solution was one of compliance with the shared vision of the Napoleonic Code. Certainly, some improvements and clarificationsare the result of the endeavor of the new code; they relate in particular to: the owners of the right to option regarding inheritance, the concept of successor, duration and the legal nature of the period within which the successor may exercise the option to succession, retransmission of the right of option regarding succession, the publicity of the act of option, the individualization of rules that signify the tacit acceptance, the establishment of the relative presumptions of waiving inheritance, bearing the passive inheritance only within the limits of the active inheritance.

Keywords: civil law, succession, the right to option regarding succession, acceptance, waiver


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