Articolul 1090Cod civil - o altă interpretare

ION DOBRE*

* e-mail: bnpdobre@yahoo.com

Notar public - Camera Notarilor Publici Ploieşti

ABSTRACT

The new Romanian Civil Code regulates the special available quota of the surviving spouse, in Article 1090, which, in its content, represents a compromise between the two main lines of thought, outlined in the doctrine, regarding the interpretation and application of the previous regulation, contained in Article 939 of the Romanian Civil Code of 1864.

Article 1090, specified above, in paragraph (2), establishes the legal fate of the difference between the ordinary available quota and the special available quota of the surviving spouse, providing that this difference belongs, in its entirety, to the descendants, in case the deceased does not dispose of it through liberalities. Contrary to the clear and unmistakable meaning of this legal provision, an opinion emerged in the doctrine, which became of the majority, according to which the difference...