Acţiunea în petiţie de ereditate în reglementarea noului Cod civil român

Conf. univ. dr. Ilie URS

Universitatea Creştină "Dimitrie Cantemir"

Facultatea de Drept din Cluj-Napoca

Abstract

At the time of succession, it is possible that the succession property may be possessed by persons who only appear to be heirs, a quality challenged by others who claim to be the true heirs of the deceased, seeking to take possession of the succession property. Under these circumstances, the real heir may start legal proceedings against the person who in fact holds the succession property, an action meant to establish in court the claimant’s title as a successor. This action is called a petition of heredity.

The petition of heredity is the action by which a person requests the court to recognize his title as a legal heir or legatee and to order the defendant to restitute the succession property. The petition of heredity is a real, divisible and imprescriptible action. The recognition of the status of heir of...