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Law No. 319 Of 10 June 1944 For The Right Of Inheritance Of The Surviving Spouse

Original Language Title:  LEGE nr. 319 din 10 iunie 1944 pentru dreptul de moştenire al soţului supravieţuitor

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LEGE No. 319 of June 10, 1944 for the surviving spouse's right of inheritance
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 133 of 10 June 1944



+ Article 1 The surviving spouse inherits from the other spouse's wealth as follows: a) when he comes to the scession with the legitimate children and recognized or only with some of them, or with their descendants, inherits a fourth; b) when he comes to succession in the contest with the father and mother of the deceased, or only with one of them, in both cases together with the brothers and sisters of the husband died and their descendants, or only with one of them, inherits a third; c) when he comes to succession with the father and mother of the deceased, or only with one of them, or only with his brothers and sisters and their descendants, or only with some of them inherits a half; d) when he comes to succession with the other ascenders or collaterals up to the fourth degree, he inherits three quarters; e) in the absence of relatives above shown, the surviving spouse inherits the entire wealth. + Article 2 The liberalities made by the predeceased husband will not be able to pass over half the rights provided in art. 1 in favor of the surviving spouse. + Article 3 The surviving husband is obliged to report the liberalities that he received through acts between the living from his husband, when he comes to the competition with his children or their descendants. The same obligation also have children and their descendants towards the surviving spouse. + Article 4 The surviving spouse who does not have another home, will have until the execution of the exit from the indivision and in any case, at least for one year after the end of his husband's life, apart from the right of inheritance according to the provisions of May above, a right of abitation on the house in which he lived, if it is part of the succession. The surviving spouse will not be obliged to give the bail provided by art. 566 of the Civil Code. The right of abitation will not be able to be ceded or concluded, even in the case provided by art. 572, para. II C. civ. The survivors of the surviving spouse will be able to ask for the restriction of the right of abitation if the house is not entirely necessary. They will also have the right to procure the surviving spouse dwelling elsewhere. If the surviving spouse and heir do not understand themselves on the purchase of the home or the restriction of the abitation, the competent court will judge the division of wealth, will urgently decide in the council chamber. The right of abitation ceases, if the surviving spouse remarries before the execution of the exit from the indivision. + Article 5 In the cases provided in art. 1 1 section b-d inclusive, the surviving spouse will inherit, apart from his side succeeding the mobiles and objects belonging to the household household, as well as the wedding gifts. + Article 6 Art. 676 of the Civil Code modified by art. 4 of the Law on Succession Tax, of July 28, 1921, by which the succession order was restricted to the fourth degree inclusive, are and remain in force. + Article 7 Provisions regarding the right of inheritance of the surviving spouse in Transylvania and Banat, as well as any other norms contrary to the present decree-law, apart from the more favorable provisions provided by law no. 609 609 of 1 July 1941 , for the widows give war, they are and remain abrogated. --------------------------