Reduction of excessive gifts. Action for reduction of excessive gifts: autonomous or dependent in nature?

DEZBATERI

Abstract

According to Art. 1.094 para. (1) of the Civil Code, when the persons concerned agree, the reduction of excessive gifts may be achieved by agreement of the persons concerned. If no agreement is reached between the interested parties, the disputed issues shall be settled by court proceedings in accordance with the provisions of Article 108 of Law no. 36/1995. The privileged heirs may apply for reduction either by bringing an action for reduction where the property forming the subject-matter of the excessive gift is in the possession of the grantees or by invoking the exception of reduction where the property forming the subject-matter of the excessive gift is in the possession of the privileged heir. The reduction is not automatic, but must be invoked.

In point of nature, the action to reduce excessive gifts has a distinct and autonomous configuration within the broader framework of the succession-related debate. However, it is in an obvious subordinate relationship to all those prior operations which establish in concrete terms whether or not the reserved portion of the estate has been infringed, since it is only if that question is answered in the affirmative that the action for reduction can be accepted.

Keywords: reduction of excessive gifts, action for reduction, privileged heirs