Analysis Of Forced Heirship In The Old And New Regulation Of The Civil Code Of The Republic Of Moldova. Comparative Law Aspects With Romanian Legislation

The institution of the inheritance reserve represents one of the limitations of the freedom to dispose of the estate upon death, with the role of protecting the patrimonial interests of certain categories of heirs, considered vulnerable or close to the deceased. In the context of recent legislative transformations in the Republic of Moldova, in particular through the modernization of the Civil Code in 2019, the issue of the inheritance reserve acquires increased relevance, both from a theoretical and practical point of view. The topicality of the topic is determined by the need to adapt traditional legal institutions to new social and economic realities, as well as by the tendency to harmonize national legislation with European standards. In practice, the inheritance reserve frequently generates disputes, especially with regard to determining its scope, identifying reserved heirs and the relationship between the testator's will and the limits imposed by law. Therefore, the analysis of this institution is necessary to determine how to apply legal rules.