Acceptance of The Inheritance

Acceptance of the inheritance
The transfer of the inheritance, as well as its acceptance, has known several forms
that have evolved throughout the history of mankind, configuring and evolving in
accordance with the right of ownership, being seen at the beginning not as a
transfer of patrimony , but as a transfer of power.
Inheritance being initially considered a transfer of power, the acceptance can only
be a solemn verbal vaw, an incantation that had the role of solidifying the transfer.
Depending on the evolution of the succession system, the appearance of the will,
the forms that the acceptance can take from the point of view of solemnity, starting
from the act of acceptance as a solemn formula, cretio, reaching in Roman law the
nuda voluntas by which the solemn character is eliminated, acceptance can take
any form. More than that, the institution of tacit acceptance, pro heredo gestio in
Romanian law, eliminates any written or verbal form of the act of acceptance,
establishing tacit acceptance by deeds.
In the history of Romanian law, it can be clearly observed how, until the 19th
century, the acceptance of inheritance is not treated as a legal act that must comply
with conditions to be valid. The reason for this fact, can start from the idea that the
heirs continued to exploit the inheritance in undivided way, without being
interested in each one's share, either being very many people who did not know
how to write, an acceptance of the inheritance through -a written act could involve
certain complications from the point of view of understanding. To make an
argument on the latter idea, I recall the fact that only from the middle of the 15th
century, according to the writings, the testamentary succession appears, not as a
reaction to the need of the people in the Carpatho-Danubian-Pontic space, but as a
cause of religious development, people being forced to leave their wealth to the
church in order to have their sins forgiven.
Even at the appearance of the first written source, Calimachi's code, the form
conditions necessary for acceptance are not established, establishing only a term of
6 months to accept. Only in the middle of the 19th century, the acceptance of
inheritance begins to take shape.
According to the roumanian Civil code, as a result of the death of a person, the
transmission of the inheritance, regardless of the source of the inheritance( will,
law), operates automatically, without the need for a manifestation of will.
The acceptance of the inheritance is the declaration whereby the heir
expresses the wish to succeed the deceased. Once the heirs have obtained
information on the deceased's account balances, they may proceed to accept
the inheritance and its division and distribution.
A person may inherit if they exist at the time the succession is open and/or have
the capacity to receive liberalities, are entitled to the succession, have not been
disqualified by conduct, and have not been disinherited.
The person called to receive an inheritance may accept or waive the inheritance.
He has 1 year time to express his desire.
Acceptance of inheritance is classified into voluntary and forced. Voluntary

acceptance results from the express or tasit/silent manifestation of the successor's
will, and forced acceptance is a sanction for the performance of voluntary acts
made by the successor. Voluntary acceptance is subclassified into express
acceptance or tasit/silent acceptance.
Acording to 1108 article Roumanian Civil law, by express aceptance the succesor
explicitly appropriates the title of heir through an authentic document or under a
private signature. Unlike the contract law, where consent can be expressed in any
form, even orally, express aceptance must be always written to avoid serious
dangers generated by low reflection time.
The consent can be expressed in any document, authentic or under a private

signature, to be mainly intended for acceptance or even for another matter but
which also implies acceptance, even a simple letter resulting clear will can be
classified as an acceptance. The document does not have to wear any solemn form,
it is only necesarry to show without any doubt that he has accepted the succesion.
According to the article 1108 paragraph 3 of the Roumanian Civil Code,

acceptance is tacit when the succesor does an act or deed that he could only do in
his capacity as heir. The act or the deed must fulfill two conditions: the will of the
successor to accept the inheritance and his conduct from which this time results
indirectly the intention to accept the inheritance.
In order to classify the act as a tacit acceptance, essential to the determination is

the intention with which the successor acted. As for example, if X sells an asset
that he considered to be part of the inheritance, although in reality it was his, there
is a tacit acceptance, because he could not dispose of an asset of the inheritance,
except by accepting it. On the other hand, if X sells an asset of his, although in
reality it was an asset of the inheritance, it will not have the character of tacit
acceptance, because his intention was not to dispose of the inheritance, but of an
asset of his.
Forced acceptance establishes an exception to the voluntary and free character of

the acceptance of the inheritance, it operates over or even against the will of the
successor. According to article 1119, paragraph 1, part one, of the Civil Code, "the
successor, who in bad faith, stole or hid assets from the inheritance patrimony or
hid a donation subject to the ratio or reduction, is considered to have accepted the
inheritance, even if he previously gave up on it.". Bad faith includes the intention
of the successor to defraud and damage the other heirs, fraud that must be proven
every time by those interested because good faith is presumed in roumanian civil
law.

Acceptance of The Inheritance

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Acceptance of the inheritance

Acceptance of inheritance is classified into voluntary and forced. Voluntary

The consent can be expressed in any document, authentic or under a private

According to the article 1108 paragraph 3 of the Roumanian Civil Code,

In order to classify the act as a tacit acceptance, essential to the determination is

Forced acceptance establishes an exception to the voluntary and free character of

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