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

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.