Renunciation of inheritance according to the regulations of the new romanian civil code and of french law

• Author: Ilioara Genoiu
• Position: Faculty of Law and Social and Political Sciences, the Law Department, Valahia University of Târgoviste, Romania
• Pages: 144-153

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

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

No.1 (2012), pp. 44-53

44

RENUNCIATION OF INHERITANCE ACCORDING TO THE R EGULATIONS OF

THE NEW ROMANIAN CIVIL CODE AND OF FRENCH LAW

1

I. Genoiu

Ilioara Genoiu

Faculty of Law and Social and Political Sciences, the Law Department

Valahia University of Târgovite, Romania

*Correspondence: Ilioara Genoiu, Valahia University of T ârgovite, Romania, 8-10 oseaua

Geti St., Târgovite, Romania

E-mail: ilioaragenoiu20@yahoo.fr

Abstract

In this paper, dedicated to the issue of inheritan ce renunciation, our primary goal is

to point o ut the innova tions introduced by Law no. 287/2009 on the Civil Code

2

, as

compared to the 1864 Civil Code, and to consider the fairness and appropriateness of these

two regulations.

Secondly, we intend to analyze the issue of inheritance renunciation from the

perspective of French civil law and to determine the extent to which the latter was, one time

again, a source of inspiration for the Romanian legislator.

Keywords: person entitled to inherit, right of succession option, renu nciation of

inheritance, revocation of inheritance renunciation, acceptanc e of inheritance.

Introduction

The new Civil Code governs waiver of inheritance in Book IV – “On Inheritance

and Liberalities", Title IV - “Transmission and Division of Inh eritance”, Chap ter I - "

Transmission of Inhe ritance”, Section 3 - “Renunciation of inheritance”, Art. 1120 to 1124.

In these pieces of legislation, the enactment in question governs the form that the act of

renunciation of inheritance must take, the effects of the waiver, fraudulent renunciation,

revocation and cancellation of waiver of inheritance.

The French Civil Code, as amended in 2006, governs the renunciation of

inheritance in Art. 804-808.

1. Renunciation of inheritance according to the regulations of the new

Romanian Civil Code

3

1.1. The notion of renunciation of inheritance

Renunciation of inheritance is, together with acceptance of inheritance, one o f the

possible variants of the right of succession option [Art. 1100 par. (1) NCC]

1

. Thus, we find

1

This work was supported by CNCSIS-UEFISCSU, project number PN II-RU, code PD_139/2010, contract number

62/2010.

2

It was republished in the “Official Gazette of Romania”, Part I, no. 505, of July 15, 2011. The provisions of the

enactment in question are only applicable to inheritances opened after 1 October 2011, the date of its entry into

force. Inheritances opened before that date will be governed by the provisions of the Civil Code of 1864, according

to the tempus regit actum principle.

3

See also B. Ptracu, Continuitate i discontinuitate în reglementarea opiunii succesorale, under the coordination

of Marilena Uliescu, Noul Cod civil. Comentarii, Universul Juridic Publishing House, Bucharest, 2010, pp. 271-272.