Inheritance devolves at the place where the deceased had its habitual residence at the time of death, and if this habitual residence is not known, the place where its property is located or its principal portion in terms of value is located.
-
Article 2165. Time of the devolution of the inheritance
Inheritance devolves at the time of death of de cujus, either natural or declared by final judgment.
-
Articolul 2164. Grounds for inheritance
(1) Inheritance devolves under law (intestacy) and/or under will. (2) To the extent that the deceased has not provided otherwise in a will, inheritance devolves to the heirs on intestacy.
-
Article 2163. Characters of devolution of inheritance
Devolution of inheritance to the heirs of the deceased is a mortis causa, universal, unitary and indivisible transmission.
-
Article 2162. Notion of inheritance
(1) Under inheritance the patrimony (estate) of a deceased natural person (the deceased, de cujus) devolves to one or several persons (heirs). (2) The share of a co-heir (share of the inheritance) is governed by the provisions relating to inheritance. (3) An heir acquires the…
-
Article 331. Effects of nullity of a juridical act
(1) A void juridical act is deemed retrospectively not to have produced any legal effect from the time of its conclusion. (2) A voidable juridical act is valid until avoided by a court but, once avoided, is deemed retrospectively not to have produced any legal…
-
Article 330. Relative nullity of a juridical act
(1) Relative nullity may be relied upon solely by the person in whose interest it is provided for or its successors, by the legal representative or by the unsecured creditors of the protected party by way of indirect action. A court may not rely on…
-
Article 329. Absolute nullity of protection of the consumer
(1) In consumer contracts unfair terms are void, and also void are terms which derogate from the legal provisions that it is prohibited to derogate from to the detriment of a consumer (nullity of protection). (2) Nullity of protection operates to the extent it is…
-
Article 328. Absolute nullity of a juridical act
(1) Absolute nullity of a juridical act may be claimed both by way of a legal action and by way of a defence, by any person who has an arisen and actual interest. A court is under a duty to find it out of its…
-
Article 327. Void and avoidable juridical acts
(1) A juridical act is void if the nullity sanctions the violation of a legal provision that protects a general interest (absolute nullity). (2) A juridical act is avoidable if the nullity sanctions the violation of a legal provision that protects a private interest (relative…