The Transmission of the Inheritance Possession

By Lazăr, Patrick RareȘ | Contemporary Readings in Law and Social Justice, July 1, 2017 | Go to article overview

The Transmission of the Inheritance Possession


Lazăr, Patrick RareȘ, Contemporary Readings in Law and Social Justice


1.Introduction. Acquirement of the Inheritance Possession. Seizin. Heirs Who Have a Seizin

The acquirement of inheritance rights by heirs, from the opening of the inheritance, shall be done regardless of the fact that heirs have or do not have seizin, but here comes the problem of exercising those rights, namely the transmission of heritage possession.

In order to know the emergence moment of the seizin, it is necessary to distinguish between heirs who legally possess the seizin of inheritance and the other heirs who do not have seizin, the latter having to request the vesting order through the release of the certificate of possession (Lazăr, 2011: 101-102). Pursuant to article 1125 Civil Code, in addition to the actual possession exercised over the successional patrimony, the seizin gives to seizin heirs, the right to administrate this heritage and to exercise the rights and actions of the deceased.

Under article 1126 Civil Code, seizin heirs are the surviving spouse and the privileged descendants and ascendants. The old regulation qualified the descendants and ascendants of the deceased in article 653 paragraph 1, as seizin heirs (Bacaci and Comăniţă, 2006: 230).

The inheritance possession must not be confused with the notion of possession as the first does not imply the meeting of the two elements required by law to usurp, the actual possession and intention to possess the goods for himself, since this is about the exercise of successional rights (Baias et al, 2012: 1171).

The seizin represents the power conferred by law to legal heirs of the deceased who are able to administer and exercise the rights and actions of the deceased, from the opening of the inheritance, without needing any prior check of the quality of successor, by notary or judicial way (Chirică, 2014: 505-506). The quality of seizin heir is conditioned by the concrete vocation to inheritance, so that those who are removed from the inheritance, by the presence of other heirs of a closer rank or of nearer degree or those who renounce at inheritance or are unworthy, cannot have the quality of seizin heirs.

The disinherited reserve heir keeps the quality of seizin heir as he collects the reserve, as legal heir (Deak and Popescu, 2014: 134).

The seizin has individual character whereas it is conferred upon heirs according to the order in which they are called to inheritance, but also successive character because, when the preferred successor in rank waives, the seizin goes to the next (Baias et al, 2012: 1171). Seizin rules are mandatory, so they cannot be changed by the will of the person leaving the inheritance.

2.Effects of the Seizin

A. The seizin heir is entitled to administer the patrimony and exercise all patrimonial actions of the deceased, without needing to fulfil any formalities, i.e. in principle before getting the heir certificate.

However, article 1049 Civil Code provides that when it comes to money, valuables or securities, specialized institutions will not be able to proceed to the delivery of the legacy covering the above, except by judgment or heir certificate which prove the validity of the testamentary disposition and the quality of legatee, the provisions relating to report and reduction being applicable.

If special measures were taken for the conservation of certain goods pursuant to article 1117-1118 Civil Code, the seizin heir would be prevented from actually exercising the possession. B. The seizin heir can exercise, from the opening of the succession, all patrimonial actions belonging to the deceased and can be pursued by the succession creditors without the prior certification of the quality of heir, except for the situation provided in article 1104, i.e. when he had requested an inventory.

The seizin being divisible, the seizin heir can sue or be sued only for his share of the debt (Florescu, 2013: 211).

3.The Seizin Acquisition by Heirs Who Do Not Have a Seizin

If article 1126 Civil Code provides clearly that the surviving spouse, the privileged descendants and ascendants of the deceased are heirs, per a contrario, the other heirs with successional vocation are heirs who do not have a seizin. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

The Transmission of the Inheritance Possession
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.