PARTICULARITIES OF FORCED HEIRSHIP

Ilie Urs

FIAT IUSTITIA, 2016, vol. 10, issue 1, 232-240

Abstract: Forced heirship is that part of the inheritance assets to which the heirs entitled to a portion of the inheritance shall have access, under the law, even against the late person's will, manifested by liberalities or by disinheritances. By regulating the forced heirship, the legislator defends forced heirs against excessive donations or testament legacies, operated by the defunct in favor of tierces, thus ensuring them at least a part of the inheritance to which they are entitled by law. The disposable portion is part of the inheritance assets not reserved by law which the late person could dispose of unencumbered by liberalities. We shall mention as forced heirs the surviving spouse, the late person's privileged descendants and ascendants. The forced heirship of each forced heir is half of the inheritance share which, in the absence of either liberalities or disinheritances, they would have been entitled to as legal heir.

Keywords: forced heirship; disposable portion; liberality; legacy; forced heir (search for similar items in EconPapers)
JEL-codes: K19 (search for similar items in EconPapers)
Date: 2016
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