ro fr
universul juridic magazin
Revista Română de Drept Privat

Sale of an inheritance

The sale of an inherited property has a long history in the civil law. The civil code from 2009 to 2011 has renewed the relevant provisions and provides a favourable basis for the readmission of certain old theoretical debates with important practical consequences. It shall be examined the specific elements of the disposal of an universality in law occurring between people alive, the available nature of certain rights arising from the mechanisms of the inheritance, such as the right of acceptance of inheritance, the right to request the reduction of the gifts in excess of the freely disposable portion of the estate, the impact of the amendments of the content of the universality subsequent to opening of the inheritance upon effects of its sale agreement, the content of the guarantee due by the seller and its contractual amendments, the consequences of the legal establishment of the ad validitatem authentic form requirement, the taking over of the liability for the debt, the new advertising systems, the guarantees of the payment obligation for the price provided in common law etc.