Legal standing to sue of the successor in title in the formulation of petitions

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The legal provisions contained in Article 1.125 of the Civil Code are clear in the sense that the heir by inheritance has the right to administer the estate and to exercise the rights and actions of the deceased, without any distinction, which leads to the conclusion that absolutely all the actions that could be taken by the predecessor owner of the estate can also be taken by the heir by inheritance. Therefore, on the basis of this text of the law, contrary to the reservations of the Court of Appeal, even in the absence of the status of owner and in the absence of registration of the property right in the land register, the sezinar heir may bring an action for claim and for partition, and, correlatively, may be a defendant in disputes having such an object.