AN OVERVIEW ON THE TRANSLATIVE VERSUS THE CONSTITUTIVE EFFECT OF THE INHERITANCE PARTITION IN ROMANIA
Nowadays, the article 995 of the Romanian Code of Civil Procedure regulates the so-called constitutive effect of the partition decision. Although the 2004 draft of the new Civil code stipulated a retroactive (declarative) effect for the inheritance partition, the Amending Commission preferred to for...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2017-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=02_private_law%2F&download=CKS_2017_private_law_020.pdf |
| Summary: | Nowadays, the article 995 of the Romanian Code of Civil Procedure regulates the so-called constitutive effect of the partition decision. Although the 2004 draft of the new Civil code stipulated a retroactive (declarative) effect for the inheritance partition, the Amending Commission preferred to formulate the legal effects of partition in this way: each co owner (coheir) becomes the exclusive owner of the assets or, as the case, of the sums of money that were assigned starting only the day established in the partition act, but not before the day of the concluding of the act in case of voluntary partition or, as the case, from the date of the final court decision. Since the Civil code’s perspective seems to imply a translative effect, for a better understanding of the constitutive effect of the inheritance partition, this short overview attempts, on the one hand, to determine if the partition is or not a translative act, and, on the other hand, to examine if a possible translative effect of the property of the partition decision can be reconciled with the constitutive character stipulated in the Code of Civil Procedure. |
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| ISSN: | 2068-7796 2068-7796 |