Forced Heirship and Disposable Portion Under the Tegulations of the New Romanian Civil Code
Abstract Forced heirship is the part of the inheritance assets to which forced heirs are entitled under the law, even against the will of the deceased, manifested through liberalities or by disowning. In opposition to heirship/reservation, the part of the inheritance within which the one leaving it...
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| Lenguaje: | English |
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Pontificia Universidad Católica de Valparaíso. Escuela de Derecho
2020
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| Acceso en línea: | http://www.scielo.cl/scielo.php?script=sci_arttext&pid=S0718-68512020000200261 |
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| Sumario: | Abstract Forced heirship is the part of the inheritance assets to which forced heirs are entitled under the law, even against the will of the deceased, manifested through liberalities or by disowning. In opposition to heirship/reservation, the part of the inheritance within which the one leaving it can freely dispose of their goods is known as disposable portion. In case there are forced heirs and the deceased person has made during his lifetime donations or bequests, the chart of heirs left behind is divided into two parts: forced heirship and disposable portion. Forced heirship is justified by the fact that it has been and it is meant to preserve a part of the assets left by the deceased person in the family, being conferred to blood relatives close to the deceased and to the surviving spouse. |
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