Heirs at law shall be the following:The children and other descendants of a deceased person. A child born out of wedlock shall succeed its father and his relatives, and vice versa, if its paternity has been established in the manner provided for in legislation relating to children born out of wedlock. Article 5 shall apply to the right of succession of an adopted child and the right of succession after an adopted child.The parents of a deceased person and their descendants.The grandparents of a deceased person and their children.The spouse of a deceased person.Article 2The First SuccessionThe spouse of a deceased person shall inherit one third of the estate left by the deceased if the deceased is survived by children, and the children shall inherit two thirds equally. If a deceased person leaves no spouse his or her children and other descendants shall inherit the entire estate.In case a child of a deceased person has died before that person’s death, the children of the deceased child shall inherit the part to which that child would have been entitled. More distant relatives shall succeed the deceased in the same manner.Article 3The Second Succession[If a deceased person does not leave any surviving descendants, his or her spouse shall inherit the entire estate.]1)In case a deceased person leaves no spouse his or her parents shall inherit the entire estate equally. If one parent did not survive the deceased, the part to which that parent would have been entitled shall be inherited by the children or other descendants of that parent in the manner provided for in Article 2. If the deceased parent did not leave any descendants the part to which that parent would have been entitled shall be inherited by the other parent.In case a deceased person does not leave surviving parents, the part to which each parent would have been entitled shall be inherited by the children or other descendants of that parent. If one of the deceased parents did not leave any surviving descendants, the descendants of the other parent shall inherit the entire estate.1) Law No. 48/1989, Article 1.Article 4The Third SuccessionIf a deceased person is not survived by any heir under Article 2 or 3, his or her estate shall be distributed equally between the parents of the father and mother of the deceased, respectively. If a grandparent has died before the deceased the part that would have been inherited by that grandparent shall be inherited by that grandparent’s children. If the parents of either the deceased person’s father or mother, and their children, are survived by the deceased, the entire estate shall be inherited by the parents of the deceased person’s other parent, and their children.Article 5An adopted child and its descendants, including descendants by adoption, have right of succession after the adoptive parents and their relatives, and vice versa, as provided for in Articles 2 - 4.Adoption has the effect of cancelling the rights of succession by law between an adopted child and its natural parents.Article 6If a surviving spouse, who is sole heir at law of the other spouse, dies without having married again or left any surviving descendants, his or her estate shall be distributed equally between the respective heirs of both spouses, provided the surviving spouse has not made other dispositions by will.If a surviving spouse dies without leaving any surviving heirs, his or her estate shall be inherited by the heirs of the other spouse.For the purposes of this article the words „heirs of the other spouse“ shall refer to the persons having right of succession to the estate of that spouse at the time of death of the surviving spouse.CHAPTER IIDeferred Estate SettlementArticle 7[After the death of a spouse the other spouse has the right of beneficial enjoyment of the joint estate with the common descendants of both spouses, if the deceased spouse has not provided by will that distribution is to take place.]1)1) Law No. 48/1989, Article 2.Article 8[A surviving spouse has the right of beneficial enjoyment of the joint estate with the descendants of the other spouse that do not have legal competence to manage their financial affairs and are not their common descendants, if their guardian or guardians grant their approval, and if the deceased spouse did not provide by will that distribution is to take place. If the surviving spouse has custody or guardianship of stepchildren who do not have legal competence to manage their financial affairs, that spouse, however, has the right of beneficial enjoyment of the joint estate as provided for in Article 7.
A surviving spouse has the right of beneficial enjoyment of the joint estate with his or her stepchildren who are legally competent to manage their financial affairs, provided their approval is granted.
A surviving spouse has the right of beneficial enjoyment of the joint estate with his or her stepchildren, irrespective of whether they have legal competence to manage their financial affairs and without approval according to the first or second paragraphs above being necessary, if the deceased spouse has made such provision by will.]1)
1) Law No. 48/1989, Article 3.
Article 9
[A surviving spouse can not be permitted beneficial enjoyment of a joint estate if that spouse has been declared bankrupt or if his or her assets are insufficient to discharge the liabilities. This shall also apply if the spouse can not be trusted to manage the estate because of irresponsible conduct as regards that spouse’s own financial affairs.
A surviving spouse who has been deprived of the competence to manage his or her personal or financial affairs can not be permitted beneficial enjoyment of a joint estate, except with the approval of the Supervisor of Guardians.]1)
1) Law No. 48/1989, Article 4.
Article 10
[A person wishing to be allowed beneficial enjoyment of a joint estate shall, as soon as possible after the death of the deceased spouse, apply for such licence with the magistrate in the administrative area where the settlement of the estate would take place.
An application for beneficial enjoyment of a joint estate shall state the names of the heirs, their national registry numbers, and their places of residence. A survey of the assets and liabilities of both spouses shall also be presented in the application or enclosed with it. If a licence for beneficial enjoyment a joint estate is contingent upon the approval of other persons, cf. the first or second paragraphs of Article 8, the approvals shall be written in the application or enclosed with it. If the right to beneficial enjoyment of a joint estate is based on a provision made in the will of the deceased spouse, cf. the third paragraph of Article 8, a copy of the will shall be enclosed with the application.
If the magistrate considers that the situation of the applicant may be such as described in Article 9, he may appoint a guardian ad hoc in order to guard the interests of any heirs who lack legal competence to manage their financial affairs and for whom the applicant is a custodian or guardian.
If the magistrate considers that the requirements for being granted a licence of beneficial enjoyment of a joint estate are met by the applicant, he shall grant such licence and provide the applicant with a document evidencing this.]1)
1) Law No. 48/1989, Article 5.
Article 11
[A joint estate subject to beneficial enjoyment by a surviving spouse comprises the marital property of both spouses and any separate property that according to statute provisions or the provisions of a marriage settlement is to be subject to the rules applying to marital property after the death of a spouse. Any earnings and other acquisitions of the spouse having beneficial enjoyment of a joint estate shall also become a part of the joint estate, unless such valuables are to become the separate property of that spouse according to law.
Inheritance or gifts received by the surviving spouse shall, however, not become a part of the joint estate if that spouse declares to the magistrate within two months from when the inheritance or gift came to his or her knowledge that the valuables in question shall not become a part of the joint estate. The valuables in question shall then become the separate property of the surviving spouse. Those valuables, and other separate property, shall be kept distinct from the property belonging to the joint estate.]1)
1) Law No. 48/1989, Article 6.
Article 12
[A surviving spouse having beneficial enjoyment of a joint estate shall have the competence of an owner with respect to the joint estate’s property. That spouse shall be liable for the financial undertakings of the deceased spouse as if they were his or her own.]1)
1) Law No. 48/1989, Article 7.
Article 13
A spouse having beneficial enjoyment of a joint estate can at any time request that distribution take place.
In case a spouse having beneficial enjoyment of a joint estate marries again, his or her right of beneficial enjoyment is cancelled.
Article 14
[A spouse who has been granted a licence of beneficial enjoyment of a joint estate with his or her stepchildren as provided for in the first paragraph of Article 8 shall have the inheritance of a stepchild distributed if the stepchild requests such distribution within three months after having acquired legal competence to manage his or her financial affairs. If no such request is made within this period of time a stepchild who has legal competence to manage his or her financial affairs can request distribution to himself or herself in the manner provided for in the second paragraph.
A stepchild who has legal competence to manage his or her financial affairs and has approved a surviving spouse’s beneficial enjoyment of a joint estate as required in the second paragraph of Article 8, can request distribution to himself or herself within one year from when such request is
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