UNELE SITUAŢII CONFLICTUALE DE DREPT INTERNAŢIONAL PRIVAT PRIVIND PERSOANELE CU VOCAŢIE SUCCESORALĂ

Abstract

If the law of the will, as a unilateral act, is the national law of the testator, and the inheritance is subject to different laws: as it is movable goods - lex nationales or real estate - lex rei sitae, may arise situations where the law of the will and the inheritance law are different. The date that is taken into account by national law may differ in case of testamentary law and in case of inheritance law. The interpretation of the will is governed by the law applicable to the will, with the involvement of the inheritance law. The modification of the applicable law to the will by the testator, different by the inheritance law, will be possible while respecting the law of goods’ location which makes the classification of the goods in movable and immovable as mandatory rules and while respecting the formal and substantive requirements of law of issuing, amendment or revocation of testamentary legal act.