The testament under romanian civil law provisions

AuthorMiruna Mihaela Tudorascu
PositionFaculty of Law and Social Sciences
Pages53-60
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2016), pp. 53-60
53
THE TESTAMENT UNDER ROMANIAN CIVIL LAW PROVISIONS
M.M. TUDORASCU
Tudoraşcu Miruna Mihaela
Faculty of Law and Social Sciences
Department of Juridical and Administrative Sciences
University “1 Decembrie 1918” of Alba Iulia, Alba Iulia, Romania.
*Correspondence:M.M.TUDORASCU, Unirii St., No.15-17, Alba Iulia, Romania
E-mail: miruna762001@yahoo.com
ABSTRACT
The normative dispositions that we will refer to in this paper,
are found in The Romanian Civil Code, in the 4th Book, called “About Inheritances and
Liberalities”, 3rd Title, called “Liberalities”, 3rd Chapter “The Testament”, articles 1034-
1099. It is a very important civil institution, usually used, when a person wants to prefer
somebody to collect the inheritance, a part of the inheritance, or a specific good from his
estate. By article 1034 from RCC[1] “the Testament is the unilateral, personal and revocable
legal act, through which a person, named testator, will decide, using a legal form, about his
estate and other wills, for the time he will not be alive anymore”. In the doctrine we find
different opinions in connection with the content of the will (testament), in connection with
the juridical nature of it, or in connection with the form vices or with the fundamental vices
impact over the validity of the testament. The discussions are very extensive, so this is one of
the reasons that we took in consideration for realizing this scientific paper. We will present
also different types of testaments that we have provisioned in Romania, how the testament is
proved under the Romanian legislation and how it is interpreted.
KEY WORDS: TESTAMENT, TESTATOR, ESTATE, CIVIL CODE, LEGAL ACT.
INTRODUCTION
The normative dispositions that we will refer to
are found in The Romanian Civil Code, in the 4th Book, called “About Inheritances and
Liberalities”, 3rd Title, called “Liberalities”, 3rd Chapter “The Testament”, articles 1034-
1099. It is a very important civil institution, usually used, when a person wants to prefer
somebody to collect the inheritance, a part of the inheritance, or a specific good from his
estate.
By article 1034 from RCC[1] “the Testament is the unilateral, personal and revocable
legal act, through which a person, named testator, will decide, using a legal form, about his
estate and other wills, for the time he will not be alive anymore”. In the doctrine we find
different opinions in connection with the content of the will (testament), in connection with
the juridical nature of it, or in connection with the form vices or with the fundamental vices
impact over the validity of the testament.
WHICH ARE THE LEGAL CHARACTERS OF THE TESTAMENT?
It is a legal act a manifestation of will, made with the purpose of producing legal
effects [2].

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