Abstract
According to article 984 par. (1) of the Civil Procedure Code, if an succession is divided, the
court, in order to achieve a fair and complete division, determines the debts of the deceased, the debts
and claims of the heirs towards the deceased, as well as the charges on the succession. The latter also
include the expenses related to the burial of the deceased, both those related to the burial itself, and
those related to respecting religious traditions and the value of funerary monuments. Thus, by virtue
of the Latin adage “bona non intelliguntur nisi deducto aere alieno” (no goods are recognized unless
debts have been removed), the formation and assignment of lots is preceded by the liquidation of the
succession debts among the heirs, respectively the distribution of the responsibility for the funeral
expenses between the heirs. Given that in the time that has elapsed since the Great Union a series of
regulations on succession law followed, this study aims to present some aspects of the liquidation
between the heirs of the expenses related to the funeral of the deceased, starting with the legislation
applicable in the historical provinces to date.
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