THE AUTHENTIC WILL BETWEEN THEORY AND PRACTICE

  • Diana Geanina Ionaș Transilvania University of Brașov
  • Cristina DINU Transylvania University of Brasov Faculty of Law

Abstract

A will is the unilateral, personal and revocable judicial act through which a person, called a testator, rules for the time when he is no longer alive. A specific form of will regulated by law is the authentic will. It is characterized by the fact that the will of the testator is drawn up in authentic form, the testator is advised, and thus the will acquires the specific force of the authentic act. What differentiates the authentic will from other forms of will is the authentication procedure, which is described within this article. This procedure ensures the protection of the testator’s will, the full understanding of the effects of a legal act with death cause.

References

C.S. Ricu, G.C. Frenţiu, D. Zeca, D.M. Cigan, T.V. Rădulescu, C.T. Ungureanu, G. Răducan,
O. Căpăţână, Gratuity in legal acts, Rosseti Publishing House, Bucharest, 2003;
Gh. Durac, D. Călin, I. Ninu, Al. Bleoancă, The new Civil Code. Comments, doctrine and jurisprudence, second volume,Hamangiu Publishing House, Bucharest, 2012;
I. Genoiu, The right to inherit in the new Civil Code, C.H. Beck Publishing House, Bucharest;
M. Popa, Civil law. Succession, Oscar Print Publishing House, Bucharest, 1995.

***Civil Code passed by Law no 287/2009 regarding the new Civil Code, republished in the Official Bulletin part I no 505 of July 15th, 2011;
***The National Union of Public Notaries of Romania, Wills - an anthology by GeorgetaFilitti, Notarom Publishing House, Bucharest, 2007.
Published
2018-01-20
How to Cite
IONAȘ, Diana Geanina; DINU, Cristina. THE AUTHENTIC WILL BETWEEN THEORY AND PRACTICE. AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES, [S.l.], v. 11, n. 2, p. 28-33, jan. 2018. ISSN 2067-7677. Available at: <http://univagora.ro/jour/index.php/aijjs/article/view/3157>. Date accessed: 26 sep. 2020. doi: https://doi.org/10.15837/aijjs.v11i2.3157.