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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LAW No. 319 of 10 June 1944 for the right of inheritance of the surviving spouse, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE NR. 133 of 10 June 1944 Article 1 the surviving spouse inherits the fortunes of the other spouse as follows: (a) sccesiune) when it comes to legitimate children and recognized or only some of them, with their descendants, inherits one quarter;
  

b) when coming to the succession in competition with the father and mother of the deceased, or only one of them, in both cases together with brothers and sisters husband ceased in the life and their descendants, or only one of them inherits one third;
  

c) when it comes to succession with the father and mother of the deceased, or only one of them, or only with its brothers and sisters and descendants of theirs, or only some of them inherits a half;
  

d) when it comes to using other ascendants or collateral relatives up to the fourth degree inclusive, inherits three quarters;
  

e) in the absence of relatives as indicated above, the surviving spouse inherits the entire fortune.
  


Article 2 Liberties made by deceased husband will not be able to get over half of the rights provided for in art. 1 in favor of the surviving spouse.


Article 3 the surviving spouse is obliged to report having received via liberties acts between live from your husband or, when it comes into competition with the children or with their descendants.
The same obligation and have children and their descendants of the surviving spouse.


Article 4 surviving spouse who does not own another House, you will have until the execution of the exit from joint possession and in any case, at least for a period of one year after the termination of the life of her husband or, apart from the right of inheritance according to the above provisions, the main right over the House where he had lived, if it forms part of the estate.
The surviving spouse shall not be obliged to give security provided by art. 566 of the civil code. The right main will not be transferred or discharged, even if prescribed by art. 572, para. C. Civ. Joint-heir will ask surviving spouse entitlement smaller main residence when not in full will be required.
They also will have the right of the surviving spouse to procure housing elsewhere.
If the surviving spouse and heir does not understand upon purchasing the dwelling or the restriction of abitatiei, the Court will judge the competence of Estate Act Brill, rushed into the Council Chamber.
The right main will cease, if the surviving spouse is recasatoreste before exit from joint possession.


Article 5 In cases referred to in article 1. 1 points b-d including the surviving spouse will inherit, apart from the portion of the household furniture and objects belonging to the household, as well as wedding gifts.


Article 6 the provisions of art. 676 of the civil code as amended by art. 4 of the law on inheritance tax progressive, of 28 July 1921, which declined the order portion up to the fourth degree inclusive, am and remain in force.


Article 7 the provisions regarding the right of inheritance of the surviving spouse in Transylvania and Banat, as well as any other rules contrary to this decree-law, apart from the more favourable provisions laid down by law No. 609 from July 1, 1941, war widows, to give am and remain repealed.
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