DREPTUL DE PRECIPUT AL SOȚULUI SUPRAVIEȚUITOR

Abstract

One of the novelties of the new Moldovan succession law, modernized on 1 March 2019, is the right of the surviving spouse to a preferential benefit in respect of certain pieces of furniture and household objects that have been affected to the common use of the spouses. Provided by art. 2186 of the Civil Code, it is inspired by §1932 of the German Civil Code, which served as the basis for the entire book 4 (Inheritance) of the Civil Code of the Republic of Moldova. The new legal position of the surviving spouse in the modernized successor law of the Republic of Moldova reflects the importance that the legislator attaches to the proection of the emotional state and personality of the surviving spouse, already affected by the deceased spouse’s death, by preventing the loss of the daily living environment. This preferential benefit plays a symbolic role, but also avoids the trivial disputes between the heirs regarding the objects that are usually already used-up, but have created the common living framework of the former spouses.