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The Judicial Annulment Of Legacy

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  • Ilie Urs

Abstract

When the inheritance is being opened, the legatee is entitled to accept or give up the legacy. Should he choose to accept the legacy, the legatee is obliged to fulfil the obligation established by the testator. According to the provisions of the first paragraph of Article 1069 of the Civil Code, first thesis, someone can request the annulment of the legacy in case the legatee has “unreasonably” failed to fulfil the obligation, meaning the guilt of the legatee must be established. According to the legal literature, the failure of the general devisee to pay a particular legacy is also considered to be a failure to fulfil his obligation. The right to request the annulment of a legacy for failure to fulfil the obligation established by the testator shall be prescribed (shall become invalidated) within a year from the date the obligation must be fulfilled.

Suggested Citation

  • Ilie Urs, 2014. "The Judicial Annulment Of Legacy," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 8(1), pages 244-249, May.
    • Handle: RePEc:dcu:journl:v:8:y:2014:i:1:p:244-249
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