The Proof of the Heir Quality in the New Civil Code

Abstract

Similar to the Civil Code in force, Law no. 287/2009 regarding the Civil Code, published in theOfficial Gazette, but whose date of entry in force has not been established yet, regulates, as a main proof ofthe heir quality, the heir certificate. Like de lege lata the proof of the heir quality may be realised, integratedin the petition of heredity, and by other means of evidence. In the present paper we aim to analyze theproblem of the heir quality’s proof, under all its aspects in the light of the Law no. 287/2009 and to reveal thenovelties brought by this governmental decree in the matter subjected to our analysis and to appreciate uponits correctness. We consider our scientific approach, through which we intend to contribute to the knowledgeof the new Civil Code dispositions on successional matter, until its entry in force, is current and useful.

Keywords

• heir certificate
• heir quality certificate
• petit ion of heredity
• civil status papers