Danubius International Conferences, 6th International Conference on European Integration - Realities and Perspectives

The Proof of Heir Status in the New Civil Code

Ilioara Genoiu
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Date: 2011-05-13 03:30 PM – 05:00 PM
Last modified: 2011-05-10

Abstract

Similar to the Civil Code in force, Law no. 287/2009 regarding the Civil Code, published in the Official Gazette, but whose date of entry in force has not been established yet, regulates the heir certificate as a main evidence of heir status. Also like de lege lata the proof of heir status may be realised within the heredity petition and by other means of proving.

In the present paper we intend to analyze the proof problem of the heir status, under all its aspects in the light of the Law no. 287/2009, we intend to point out the novelties brought by this governmental decree in the matter subjected to our analysis and to appreciate on its correctness.

We consider that our scientific approach, through which we want to contribute to the knowledge of the new Civil Code dispositions in successional matter, till its date of entry in force, equally presents timeliness and usefulness.