Termenul de opţiune succesorală - termen de decădere de ordine publică. Justificare teoretică şi consecinţe practice

Prof. univ. dr. Ioana NICOLAE

Universitatea Transilvania din Braşov

Facultatea de Drept

Abstract

The qualification of the period for the succession option as a decay period of public order is perfectly justifiable in terms of theory, situation which generates certain practical consequences. Thus, the successors can not change by their will the period for the succession option, nor for the purpose of decreasing it, or in the sense of increasing it, as they may not waive the decay period of public order neither anticipated, nor after the course of the succession option period starts. As a result of the classification of this period of decay within the category of those of public order, it is mandatory not only for the court to invoke the decay, but equally for the public notary within the non-contentious inheritance proceedings, with specific consequences. However, the request...