QUALIFYING LEGACY BY PARTICULAR TITLE – A DIFFICULT TASK
The current Civil Code in force, unlike the previous one, succeeds into making a clear and natural distinction between will – as a whole – and legacy – as the main testamentary provision. Unfortunately, it does not also provide flawless regulations in terms of the categories of legacies, which are c...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2014-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=02_Private_Law%2F&download=CKS+2014_private_law_art.014.pdf |
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| Summary: | The current Civil Code in force, unlike the previous one, succeeds into making a clear and natural distinction between will – as a whole – and legacy – as the main testamentary provision. Unfortunately, it does not also provide flawless regulations in terms of the categories of legacies, which are classified according to their object (universal legacies, legacies by universal title, legacies by particular title). In what the legacy by universal title is concerned, the Civil Code in force contains some controversial provisions at article 1056 paragraph (2) letter c), which interfere also with the correct qualification of legacy by particular title. Then, the regulations of the legal regime applicable to the legatee by particular title also evince flaws, for instance at article 1114 article (3) letter b) of the Civil Code, so that it becomes more and more difficult to qualify certain legacies, as being by particular or by universal title. The current work aims to point out the provisions of the Civil Code mentioned before, which generate or can generate potential controversies, but also to propose certain remedies. |
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| ISSN: | 2068-7796 2068-7796 |