Some Features of the Seisin (The Rightful Acquisition of the Inheritance Possession)

Abstract

According to the provisions of the Civil Code, there are many elements of novelty regarding the rightful acquisition of the inheritance possession, respectively of the seisin. That's why I considered auspicious to shed light in terms of this institution in the Romanian civil law and what its characteristics are. The seisin is the benefit conferred by the law to some categories of legal heirs of the deceased who can enter themselves into possession of the succession goods and may exercise the rights and actions acquired from the defunct, without prior notice, being however necessary to check and certify the quality of heir by a notary or judicial process. Seisin raises a particularly complex problem and acquires the legal nature of a fundamental right: to gain possession of the inheritance. The rules which have power over the institution of seisin are imperative. That's why the deceased cannot withdraw or grant benefit to other heirs than those prescribed by law, nor can they alter the effects of the seisin, after their will.