Some remarks on the compulsory share

Abstract

The compulsory share has always been a controversial aspect of inheritance law. It gives substance to what the heirs are entitled to receive from the decedant to the extent of a certain portion wich ensures them an absolute legal right, of which they can not be deprived by will or gift. On the other hand, it represents the limit to the liberty of the deceased one to dispose of his own property. The implications of forced heirship are quite important and therefore the set of laws gouverning such a sensible domain must ensure a proper protection for both sides.

The purpose of the present study is to approach the institution of the reserved portion in a comparative matter, in order to point out the evolution of the subject under the Civil Code of 1864 and the New Civil Code of 2011. The legislative evolution in this area has been sinuous and partially confusing.

As far as the Romanian inheritance law is concerned, we believe that maintainig the reserved portion under imperative legal provisions is desirable as it is crucial for a smooth legislative transition of the successions law.