Reflections on the Timely Application of the Civil Law in the Heritage Matter

After 1989, in the context of Romania’s return to representative democracy, the transition to the market economy, the start of the Euro-Atlantic integration process and Romania’s accession to the European Union, an extensive resistematization of the legislative corpus was imposed, with the Civil Code finally being adopted, which under art. 220 para. (1) from Law no. 71/2011 for the implementation of Law no. 287/2009 regarding the Civil Code, published in the Official Monitor of Romania, Part I, no. 409 of June 10, 2011, entered into force on October 1, 2011. In essence, the Civil Code from 2009 ensures the inheritance in general and the unworthiness of the successor in particular, a modern, flexible and coherent regulation, at the same time capitalising on the solutions proposed in the civil codification projects from 1940 and 1971, as well as those from foreign codifications, with mainly from France, Italy and Québec. The entry into force of the Civil Code from 2009, however, has generated a difficult challenge for practitioners of the law regarding the method of time applications of the civil law on inheritance, with especially in terms of the opening of the inheritance, its transmission and devolution, the report successions can stretch even over decades. In this context, the present approach aims to provide a coherent interpretation regarding the civil law applicable to the legal acts or facts found in closely related to the relationship of succession law.