Instituţii juridice controversate de drept succesoral menţinute sau existente în Noul Cod civil român

dr. IOAN POPA*

* e-mail: notarpopa@yahoo.com

Conferenţiar universitar - Facultatea de Drept, Universitatea "George Bariţiu", Braşov

ABSTRACT

The author, by accurately examining Book IV of the new Romanian Civil Code (regarding the inheritance and the liberalities), entered into force on 1 October 2011, notes that, as a rule, like in the previous Civil Code of 1864, there are some more important institutions of successoral law which, in his opinion, may be considered controversial (questionable), inopportune or unclear such as, for example:

- the notions of "heir"; "successor"; "inheritor";

- whether the status of heir is affected or not by disinheritance or by the waiver of inheritance;

- whether the contractual appointment and the preciput clause are two separate legal institutions or not;

- whether the successoral reserve has an individual or collective nature;

- whether the prohibition of the...