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MP Dinu Plîngău challenges the rules for ‘unworthy’ heirs

MP Dinu Plîngău has lodged a petition with the Constitutional Court, requesting a review of certain provisions which have amended the rules on inheritance and came into force in April this year.
Svetlana Rudenco Svetlana Rudenco Reading time: 1 minute
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Dinu Plîngău

Dinu Plîngău

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In particular, he challenges the new rules applicable where an heir is declared unworthy.

Under the previous rules, the children of an unworthy heir could take their parent’s place in the succession. Thus, they would receive the share of the estate that would have gone to their parent. Under the new provisions, the share of the heir declared unworthy is divided amongst the other heirs.

Plîngău considers that, as a result of the new rules, the children or other descendants of the disinherited heir may no longer receive the share of the inheritance that would have been due to them. Furthermore, the decision declaring a person disinherited is made in proceedings to which their children may not be a party.

In his petition, the MP invokes the right to inheritance and property, equality before the law and access to justice.

The complainant asks the Constitutional Court to examine whether the new provisions are in accordance with the Constitution.


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