THE FOUNDATION AND THE PRINCIPLES OF THE SUCCESSION REGIME IN THE PRESENT AND IN THE NEW CIVIL CODE (English version)

The successional regime regulated by the Civil Code must be justified, revelling in this way why it has a certain configuration and not a different one, which means to release its foundation. It is necessary to notice the legal nature of the succession and to review the regulation directions of this regime in the comparative law and also the conditions that dictate it in order to be able to highlight the legislator’s option in configuring the showed legal regime in respect with the social-political and legal conditions in our country. The new Civil Code has kept, mostly, the successional legal regime regulated by the present Civil Code, the modifications brought to it being subtle and not of structure, proving once again the surviving of the Roman law and of the legal construction built on it, from the French law of the beginning of the XIXth century and on its chain on other satellite legal systems, such as the Romanian one.