Juridical Tribune (Mar 2019)
Aspects related on the issue of special free estate in relation to the provisions of the Romanian Civil Code
Abstract
In our study, we will analyze a special issue of Civil Law, a problem of whom application may generate controversies as a result of how it is solved by current legal provisions. This is the special free estate of the living spouse, established by the art. 1090 Civil Code. Thus, the legislator forbids the donations whereby the forced estate of the forced heirs (Article 1086-1088 of the Civil Code) is breached, and limits the right of disposal of the patrimony holder, as a rule, to the ordinary free estate. Instead, when the living spouse is gratified at the expense of the deceased's descendants who are "not common", that is, they are not the survivors of the deceased and of the living spouse, the legislator sets a special limit of the right to dispose, established by the art. 1090 Civil Code. In the elaboration of the study we will interpret logically and systematically the provisions of the Civil Code that have an impact on the subject to analysis, trying to provide solutions to different factual situations that would be subject to the provisions in question.
