THE TESTAMENT UNDER ROMANIAN CIVIL LAW PROVISIONS

Abstract

The normative dispositions that we will refer to in this paper, are found in The Romanian Civil Code, in the 4th Book, called “About Inheritances and Liberalities”, 3rd Title, called “Liberalities”, 3rd Chapter “The Testament”, articles 1034-1099. It is a very important civil institution, usually used, when a person wants to prefer somebody to collect the inheritance, a part of the inheritance, or a specific good from his estate. By article 1034 from RCC[1] “the Testament is the unilateral, personal and revocable legal act, through which a person, named testator, will decide, using a legal form, about his estate and other wills, for the time he will not be alive anymore”. In the doctrine we find different opinions in connection with the content of the will (testament), in connection with the juridical nature of it, or in connection with the form vices or with the fundamental vices impact over the validity of the testament. The discussions are very extensive, so this is one of the reasons that we took in consideration for realizing this scientific paper. We will present also different types of testaments that we have provisioned in Rom