The novelties brought by law No. 287/2009 in the matter of severalty succession

• Author: Ilioara Genoiu
• Position: Faculty of Law and Social Political Sciences, Law Department, 'Valahia' University of Târgoviste, Târgoviste, Romania
• Pages: 56-63

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

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

No. 1 (2013), pp. 56-63

56

THE NOVELTIES BROUGHT BY LAW NO. 287/2009 IN THE MATTER

OF SEVERALTY SUCCESSION

I. Genoiu

Ilioara Genoiu

Faculty of Law and Social Political Sciences,

Law Department,

“Valahia” University of Târgovite, Târgovite, Romania

*Correspondence: Ilioara Genoiu, Faculty of Law and Social Political Sciences,

8-10 oseaua Geti St., Târgovite, Dâmbovia, România

E-mail: ilioaragenoiu20@yahoo.fr

Abstract

Law no. 287/ from 2009 concerning the Civil Code reforms, generally, the matter of

successions, preserving from the previous civil regulation only those principles whose

accuracy and timeliness were not denied in time by the jurisprudence and by the doctrine. We

find the same orientation in the case of the severalty succession. In principle, the rules

established by the previous regulation are kept in this matter, the innovation existing only in

some areas.

Therefore, in this paper, we intend to underline both the consistency elements as well

as the novelty elements that characterize the matter subjected to our analysis and to

appreciate on the opportunity and on the justice of such option to legislate. For our part, we

believe that our scientific approach is actual and useful. Since the entry into force of Law no.

287/2009 has been a relatively short time, so that the doctrine has failed to reveal all the

innovations embodied in this bill. By looking at this issue, still not addressed by the literature,

it helps, we consider, the best achievement of justice, helping all the interested parties:

judges, lawyers, public notaries, civil servants with expertise in probate, faculties and

students and any person interested in this matter.

The legislator himself, we consider, is interested in the views of the theorists about his

legislation work, in the fair and appropriate, evidenced by the ferenda bill automatically uses

them in subsequent acts amending this legislation of far-reaching legal resonance – the Code

civil.

Key words: severalty; co-proprietorship on quota-parts; co-ownership; legal acts;

material acts; actions in court; division action; agreement to suspend the division,

imprescriptibility of the action of exit from severalty.

Introduction

Inheritance severalty

1

arises only if the legacy is collected by at least two heirs and

the deceased has not made one apportionment for ascending. If the inheritance goes to a

single heir, he will have property ownership rights exclusively.

Therefore, a condition of severalty is the plurality of holders, and its specificity lies in

acquiring the inheritance property by the joint-heirs, in the ideal share, abstract, inheritance

according to their vocation.

1

Ilioara Genoiu, Dreptul la motenire în Noul Cod civil, C.H. Beck Publishing House, Bucharest, 2012, pp . 427-

436.