IDEAS home Printed from https://ideas.repec.org/a/lum/rev4rl/v1-2y2013ip135-137.html
   My bibliography  Save this article

The Conditions Of The Right To Heritage. Case

Author

Listed:
  • Ilioara GENOIU

    (Associate Professor PhD, “Valahia” University of Targoviste, Faculty of Law and Social-Political Sciences)

Abstract

M.D., as plaintiff, asked the court, in contradiction with the defendants, T.M., T.N. and T.O. – daughters of the deceased, to rule for his son, T.D., on his quality as successor of the deceased T.I.’s heritage. De facto, T.I., domiciled in Ploiesti, deceased on 1 December 2011. He had three daughters (the oldest being convicted for having tried to murder the de cuius) and one grandchild from each of them. T.I. ordered by an authentic act of last will for the house where he lived, in the favor of his brother’s son (grandson from his brother), namely T.D. The latter had, when the succession was opened, according to the medical certificate submitted to the court by the plaintiff, six weeks of intrauterine life. T.D. was born alive, but shortly (after three hours from his birth) he died because was suffering of a malformation incompatible to life. This also results from the medical certificates submitted to the case file by the plaintiff. As a consequence, M.D shows that her son has the quality as successor for the deceased’s heritage. The daughters of the deceased defend themselves, showing that T.D. cannot inherit the house of de cuius because he died shortly after his birth. Even more, the daughters of T.I. show that T.D. is the result of the concubinage between their uncle and the plaintiff M.D. Therefore, not being resulted from a marriage, T.D. (recognized by his father), cannot inherit T.I.

Suggested Citation

  • Ilioara GENOIU, 2013. "The Conditions Of The Right To Heritage. Case," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1, pages 135-137, June.
  • Handle: RePEc:lum:rev4rl:v:1-2:y:2013:i::p:135-137
    as

    Download full text from publisher

    File URL: http://www.journaloflegalstudies.info/
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    right to heritage;

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:lum:rev4rl:v:1-2:y:2013:i::p:135-137. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Antonio Sandu (email available below). General contact details of provider: https://jls.upa.ro/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.