Open AccessRestauratio Iustinianus. Despre reforma dezmoștenirii în dreptul succesoral român
Author(s) -
Anna V. Murphy,
Universitatea Babeș-Bolyai Facultatea de Drept
Publication year - 2021
Publication title -
studia universitatis babeș-bolyai. iurisprudentia
Language(s) - English
Resource type - Journals
eISSN - 2065-7498
pISSN - 1220-045X
DOI - 10.24193/subbiur.65(2020).4.19
Subject(s) - testamentary trust , settlor , lift (data mining) , law , romanian , ecological succession , civil code , power (physics) , code (set theory) , law and economics , sociology , political science , philosophy , computer science , ecology , linguistics , physics , set (abstract data type) , quantum mechanics , biology , data mining , programming language
The struggle between testamentary freedom and family protection is one of the enduring challenges in the field of succession law. This paper is exclusively concerned with the Civilian tradition, where efforts to bridge the gap between said ideals generally follow two main models. Some legal systems maintain the Roman model of allowing the testator or testatrix to lift the forced heirship in cases strictly provided by the law, whilst others prefer the Napoleonic paradigm of depriving the deceased of said power. Romanian succession law has experienced both models, with the former dominating the medieval and early modern law and the latter only introduced in the second half of the 19th century, with the legal transplant of the Code Napoléon. The present study argues that certain changes introduced in the Civil Code of 2009, specifically empowering the decedent to lift the effects of unworthiness and explicitly regulating the regime of disinheritance, foreshadow a return to the Roman paradigm.