The institution of successional reserve in the new civil code

• Author: Codrin Macovei - Mirela Carmen Dobrila
• Position: Faculty of Law, Law Departament, 'Alexandru Ioan Cuza' University of Iasi, Iasi, Romania - Faculty of Law, Alexandru Ioan Cuza University of Iasi, Law Departement
• Pages: 89-94

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2013), pp. 89-94

89

THE INSTITUTION OF SUCCESSIONAL RESERVE IN THE NEW

CIVIL CODE

C. Macovei, M. C. Dobril

Codrin Macovei

Faculty of Law, Law Departament,

“Alexandru Ioan Cuza” University of Iai, Iai, Romania

*Correspondence: Codrin Macovei, Faculty of Law,

“Alexandru Ioan Cuza” University of Iai, 11 Carol I Boulevard, Iai, Romania

E-mail: mcodrin@uaic.ro

Mirela Carmen Dobril

Faculty of Law, Alexandru Ioan Cuza University of Iai,

Law Departement

*Correspondence: Mirela Carmen Dobril, Faculty of Law,

“Alexandru Ioan Cuza” University of Iai, 11 Carol I Boulevard, Iai, Romania

E-mail: mirela.dobrila@uaic.ro

Abstract

The article hereby approaches the new regulations regarding the institution of

successional reserve, pointing out the differences between the previous Civil Code and the

New Civil Code, in force starting with 1 October 2011, the legal characters and the method

through which the successional reserve for each category of forced heirs is calculated.

Keywords: successional reserve, disposable portion, forced heir, New Romanian

Civil Code.

Introduction

As well as in the previous Civil Code, the institution of successional reserve is defined

by the New Civil Code

1

as a limitation of the right to dispose of the inheritance. The NCC

brings some modifications to the institution of successional reserve, which is why it is

necessary to outline the new regulations in the field, by analyzing the differences between

them and the old regulations, as well as the methods for establishing the successional reserve

according to the new regulations, for each category of fixed portion heirs.

I. The Concept of Successional Reserve

As a new development, successional reserve is formally defined in Art. no. 1086 of

the NCC, taking over the definition already established in literature

2

. Thus, successional

reserve is that part of one person’s property that cannot become the object of ex gratia awards

or of disinheritance, and is reserved for certain individuals, called “fixed portion heirs”. The

1

La w No . 287/2009 of the Civil Code has been published in the Official Gazette of Romania No. 511/2009,

modified through Law No. 7/2011 and republished in the Official Gazette of Romania No. 505/15.07.2011.

2

M. Eliescu, Motenirea i devoluiunea ei în dreptul Republicii S ocialiste România, Academy of Socialist

Republic of Romania Publis hing Ho use, Buc harest, 19 66, 1966, p . 320; Fr. Deak, Tratat de drept succesoral,

“Universul Juridic” Publishing House, Bucharest, 2002, p. 302; D. Chiric, Drept civil. Su ccesiuni i testamente,

“Rosetti” P ublishing Ho use, Buchares t, 2003, p. 303; L. Stnciulescu, Curs de drept civil. Succe siuni,

“Hamangiu” Publishing House, Bucharest, 2012, p. 151.