EXPRESS VOLUNTARY ACCEPTANCE OF INHERITANCE THROUGH A DOCUMENT UNDER PRIVATE SIGNATURE: A THEORETICAL AND CASE LAW ANALYSIS

In Romanian inheritance law, the acceptance of an inheritance constitutes an essential act with multiple legal implications, such as the consolidation of the heir’s title, the transfer of the estate, which is finalised through the acceptance of the inheritance, and the liability of the heirs for the debts and encumbrances of the estate only with the assets forming part of the estate (intra vires hereditatis), in proportion to each one’s share. The Civil Code regulates two main forms of acceptance of an inheritance: express and tacit, express acceptance itself being possible either by authentic instrument or by a document under private signature. However, the choice of this latter form raises a series of questions regarding its efficiency, legal certainty and, not least, its practical consequences. The present study aims to analyse this form of acceptance of a succession not only from a theoretical, but also from a practical perspective, identifying its advantages and disadvantages and highlighting the impact of this option on heirs and third parties.