THE SUCCESSIONAL INDIGNITY IN THE VISION OF THE NEW ROMANIAN CIVIL CODE

Abstract

Law number 287/2009 regarding the Civil Code, published in the Official Gazette, but which date of entry in force has not been established yet, enumerates the successional indignity among the general conditions of the right to inherit. Thus, we notice that the new Civil Code, taking the doctrinal proposals in this regard, turns the successional indignity from an incident condition only in the legal inheritance matter, into a condition applicable to both forms of inheritance. Moreover, the new regulation in civil matter reforms almost entirely the institution of indignity, in respect with both the causes that generate it and with the produced effects. In present paper we propose to analyze the successional inheritance issues, in the light of the new Civil Code’s dispositions, in a comprehensive and critical manner, bringing our contribution to knowledge of the provisions of the new regulations in successional matter. Key words: indignity of law, judicial indignity, unworthy, deceased, legal inheritance, testamentary inheritance.