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  • 标题:THE NOVELTIES BROUGHT BY LAW NO. 287/2009 IN THE MATTER OF SEVERALTY SUCCESSION
  • 本地全文:下载
  • 作者:Ilioara Genoiu
  • 期刊名称:AGORA International Journal of Juridical Sciences
  • 印刷版ISSN:1843-570X
  • 电子版ISSN:2067-7677
  • 出版年度:2013
  • 卷号:2013
  • 期号:1
  • 出版社:AGORA University Publishing House
  • 摘要:Law no. 287/ from 2009 concerning the Civil Code reforms, generally, the matter of successions, preserving from the previous civil regulation only those principles whose accuracy and timeliness were not denied in time by the jurisprudence and by the doctrine. We find the same orientation in the case of the severalty succession. In principle, the rules established by the previous regulation are kept in this matter, the innovation existing only in some areas.Therefore, in this paper, we intend to underline both the consistency elements as well as the novelty elements that characterize the matter subjected to our analysis and to appreciate on the opportunity and on the justice of such option to legislate. For our part, we believe that our scientific approach is actual and useful. Since the entry into force of Law no. 287/2009 has been a relatively short time, so that the doctrine has failed to reveal all the innovations embodied in this bill. By looking at this issue, still not addressed by the literature, it helps, we consider, the best achievement of justice, helping all the interested parties: judges, lawyers, public notaries, civil servants with expertise in probate, faculties and students and any person interested in this matter.The legislator himself, we consider, is interested in the views of the theorists about his legislation work, in the fair and appropriate, evidenced by the ferenda bill automatically uses them in subsequent acts amending this legislation of far-reaching legal resonance – the Code civil.
  • 关键词:severalty; co-proprietorship on quota-parts; co-ownership; legal acts; material acts; actions in court; division action; agreement to suspend the division; imprescriptibility of the action of exit from severalty.
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