The Requirements for Applying the Inheritance Waiver Presumptions in Art. 1.112 and 1.113 of the New Civil Code

摘要

The New Romanian Civil Code [1] (hereinafter "N.C.C.") establishes in its articles 1.112 and 1.113 two assumptions that one has relinquished an inheritance to which he was otherwise entitled. Use of these texts is rather difficult, because outside the framework of contradictory debates occurring in a civil trial, it is particularly difficult to prove the connected facts based on which one could assume that an inheritance waiver took place. In short, it is necessary to bring evidence that the entitled heir, who is to be presumed having waived the inheritance, has not made any acceptance act, and that in his regard, the one-year long delay as stated by the art. 1.103 N.C.C. or as reduced by a court of law under art. 1.113 N.C.C. has expired. It follows that art. 1.112 and 1.113 N.C.C. should be interpreted in a manner that allows for practical use of these texts.