Successor representation - A theoretical approach in the light of the new civil code

• Author: Cristinel-Ioan Murzea
• Position: Law Faculty, Law Departament Transilvania University, Brasov, Romania
• Pages: 56-60

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

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

No. 4 (2015), pp. 56-60

56

SUCCESSOR REPRESENTATION – A THEORETICAL APPROACH IN THE

LIGHT OF THE NEW CIVIL CODE

C.I. Murzea

Cristinel Ioan Murzea

Law Faculty, Law Departament

Transilvania University, Braşov, Romania

E-mail: cristinel.murzea@unitbv.ro

Abstract: According to the current legal provisions, successor representation is that legal

institution which allows a legal heir of a more distant degree in relation to the defunct, named

as a representative, to gather the successor rights of his ascendant, called a represented,

whether he renounced his inheritance, he is undignified or he proceeded the time of

succession. Successor representation is a distinctive institution from that of representation

both in regard to its legal nature and in regard to the effects it produces, a fact which is clearly

pointed out in the new Civil Code.

Key-words: representation, successor representation, legal fiction, descendents, privileged

collaterals

I. INTRODUCTION

Amongst the forms in which representation is expressed, a particular one, by notes and

judicial legal characters, is successor representation.

In this context, article 965 of the new Civil Code states as follows: „By successor

representation, a legal heir of a more distant degree, named a representative, by the effect of

law, receives the rights of his ascendant, called a represented, in order to inherit the amount

which would have been awarded to his ascendant, had he not been undignified when the

inheritance procedures began”

Thus, we notice that, by this article, the lawmaker introduces the representation of the

undignified person as a novelty.

In such circumstances, the annulment of the title of heir of the undignified person

1

does not result in the legal impossibility of him being represented by his descendents. As a

consequence, the representatives of the undignified person become heirs by representation

and can be awarded parts of the inheritance not only for themselves, as stated in the 1865

code. Specialty doctrine created several definitions for successor representation, but all of it

point out the same legal consequences. Thus, the literature which we believe to be „classical”,

by authors such as M. Planiol and G. Ripert define successor representation as „a legal

institution according to which certain heirs, descendents of the same branch as opposed to

descendents from another branch, exercise the rights which should have been exercised by

their predeceased ascendant, had he survived “de cuius.”

2

On this note, professor Fr. Deak shows that successor representation represents a

benefit of the law according to which a legal heir (or more heirs) of a more distant degree –

called representatives –become heirs by taking over the rights of the ascendant –called a

1

Acording to the Romanian Civil Code, notary guide, The Official Bulletin, Bucharest, 2011, p . 335.

2

M. Planiol, G. Ripert, Troite pratique de droit civil francaise, Librairie generale de d roit et de jurisprudence, vol

VI, Paris, 1932, p. 78-80.