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CNAA / Theses / 2009 / June /

A few aspects of heritage lawfully in Republic of Moldova at actual period


Author: Robu Oxana
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2009
Scientific adviser: Gheorghe Chibac
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 12 June, 2009
Approved by NCAA on the 1 October, 2009

Abstract

Adobe PDF document – 0.43 Mb / in romanian

Keywords

heritage, patrimony, reprezentation, category, vacant succesion, descendants, the privileged ascendents, the ordinary ascendents, the privileg collaterals, the ordinary collaterals, survived spouse,

Summary

Inheritance is one of the most institutions of civil law which offer the possibility to transmit the de cujus' patrimony to his heirs so that every one could live without having fear that all his goods be waist and the new generations begins everything from zero. The work is devided into three chapters. In the first one, one could find information about the deffinition of inheritance, it's peculirities. There is also analysed the base of the right of succesion, beeing agree with the idea that the base of the right of succesion is ius abutendi. Thurthermore, their was deeply analysed the content of the patrimony which is succeded by heirs. In the second chapter author reflect the conditions which have to be respected so that a person could come into one's property. According to Moldova's legislation they are three - two positive and one negative:
a) ability to inherit; b)title to inheritance c)the person should not be debarred from succesion.

In this chapter were also analysed such institutions as inheritance by right of representation, it's domain, the conditions which have to be respected by representative and that one who is represented, effects of inheritance by the right of representation which are two:
a) inheritance by the right of representation operates legaly
b) in case of it's operation the inheritance is beeing devided in stems.

In chapter three their have been analysed the categories of heirs who in concordance whith art. 1500 CC RM are:
a) in the first category one includes: the de cujus ' descendants, the privileged ascendents( parents, adoptive parents), survived spouse;
b) the privileged colaterals (brothes and sisters) and ordinary ascendents( grandparents from both sides)
c) ordinary collaterals (de cujus ' uncles and unts).

Also in the third chapter was treated the state's right on vacant succesions. The final part of the work reflects the main points of view regarding the theme, critics and propositions de lege ferenda.