Anularea certificatului de moştenitor pe cale graţioasă. Comparaţie cu procedura judiciară contencioasă

CRISTIAN-COSTA IANUŞ*

* Masterand, Facultatea de Drept din cadrul Universităţii din Bucureşti; e-mail: i.cristian@drept.unibuc.ro

Notar stagiar - Camera Notarilor Publici Constanţa

ABSTRACT

Decree No 40/1953 marked the transfer of the competence to settle the non-contentious succession procedure from the courts to the former State Notaries. This competence was also maintained by the new regulation of the activity of notaries public, the Law No 36/1995. However, neither the aforementioned Decree or the Law No 36/1995 in its original version acknowledged the possibility for interested persons to resolve amicably those disputes resulting from the issuance of the certificate of succession without complying with certain legal provisions that could lead to its annulment. Starting with 2013, the litigants benefit from a new legal way of declaring the nullity of the certificate of succession, the...