The Institution of the Surviving Spouse in the New Regulațion of the Civil Legislation of the Republic of Moldova

Abstract

Succession is a specific transmission, it is clearly delimited from all other patrimonial transmissions, which can only be carried out between persons in existence at the time of their occurrence. Thus, in order not to confuse the principle of successional transmission with transmission by acts between the living, it is worth mentioning that only the death of a human being can have the effect of transmitting the inheritance. Although our legislation admits the transmission of the patrimony both by acts between the living and by acts for cause of death, we believe that the only scope of the current patrimony transmission contract is that of the alienation of an inheritance or a portion of it. In this sense, we consider that when an heir sells the inheritance, the contract will have as its object the inheritance right considered in isolation, although this right refers to a universality or an undivided share of it. The provisions of the Constitution of the Republic of Moldova stipulate in art.46 paragraph (6) that: "The right to inherit private property is guaranteed", which means that the state is not limited only to the formal recognition of the right to inherit, but also ensures through its institutions the legal protection of this important right. "Any natural or legal person has the right to have his property respected. No one may be deprived of his property except for reasons of public utility and under the conditions provided for by law and by the general principles of international law", stipulates art.1 of Protocol No. 1 additional to the European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 04.11.1950), ratified by Decision of the Parliament of the Republic of Moldova No. 1298-XII of 24.07.1997. UDC: 347.65(478)