Practical reflection on the will in termss of eu regulation no. 650/2012

Author:Gabriela Dumitrache
Position::PhD student within 'Alexandru Ioan Cuza' Police Academy in Bucharest, Romania
Pages:17-24
SUMMARY

This article analyzes the will, in the light of the validity and form of conditions before the entry into force of the EU Regulation no. 650/2012 and after that date, and points out the problems of notarial practice faced by the Romanian public notary. The study presents the testamentary forms known in some European countries and the registers in which they are enrolled.

 
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AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2018), pp. 17-24
17
PRACTICAL REFLECTION ON THE WILL IN TERMSS OF EU REGULATION
NO. 650/2012
G.DUMITRACHE
Gabriela DUMITRACHE
PhD student within “Alexandru Ioan Cuza” Police Academy in Bucharest, Romania – Law
Mail address: AleeaPrivighetorilor, nr. 1-3, Sector 1, Bucharest, Romania
E-mail: gabriela.dumitrache@gmail.com
ABSTRACT: This article analyzes the will, in the light of the validity and form of
conditions before the entry into force of the EU Regulation no. 650/2012 and after that date,
and points out the problems of notarial practice faced by the Romanian public notary. The
study presents the testamentary forms known in some European countries and the registers in
which they are enrolled.
KEYWORDS: will, background conditions, formal conditions, Wills Register,
Regulation
INTRODUCTION
The will is perhaps considered the most important act that a person concludes during
his lifetime. It represents the legal pattern that can organize the material and economic aspects
of the heirs, establish a new social order of the respective family nucleus, mark with the end
of one's life the beginning of another, may attract - by the unfolding of previously unknown
facts - or, on the contrary, his resentment
1
.
In solving an inheritance with extraneous elements, the Romanian public notary will
have to determine the validity of the substance and form of a will. The question of the validity
of wills is incident both at the moment of authentication of a will and in the case where a will
is invoked in a succession procedure.
1. THE TESTAMENT ISSUED PRIOR TO THE ENTRY INTO FORCE OF
THE EU REGULATION NO.650 / 2012
The present study aims to analyze the validity of the will in order to regulate them in the
2009 Romanian Civil Code and the European legislator's vision transposed into EU
Regulation no. 650/2012
2
.. Consequently, we will study the following assumptions:
- the testament drawn up between 01.10.2011 (date of entry into force of the Romanian Civil
Code) and 17.08.2015 (date of implementation of the EU Regulation no. 650/2012);
- the particular aspects relating to the authentication of wills between 16.08.2012 (date of
entry into force of EU Regulation No.650 / 2012
3
) and 17.08.2015;
1
A se vedeaDaniela Negrilă, Testamentul în noul Cod civil. Studii teoretice și practice, "Universul Juridic"
Publishing House, București, 2013, fragment extras din prefața autoarei.
2
Regulamentului UE nr. 650/2012 al Parlamentului European și al Consiliului privind competența, legea
aplicabilă, recunoașterea și executarea hotărârilor judecătorești și acceptarea și executarea actelor autentice în
materie de succesiuni și privind crearea unui certificat european de moștenitor.

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