Legal approaches regarding heritage in the Republic of Moldova

Abstract

The Civil Code or other laws of the Republic of Moldova do not contain a deep definition of patrimony, although numerous legal texts refer to this notion. Thus, according to art. 453 of the Civil Code of the Republic of Moldova „property represents the totality of patrimonial rights and obligations (which can be valued in money) viewed as a sum of assets and liabilities linked together, belonging to certain natural and legal persons”. Heritage represents the most important notion in the matter of patrimonial rights, both in terms of real rights and obligations. The patrimonial rights form the active side of the patrimony, and the patrimonial obligations form the passive side of it. „The active side includes the subjective civil rights, with economic value, which can be evaluated in money, which can also be real rights, such as the right to property and its dismemberment and the rights to claim (personal rights) such as: the right to use the leased property and the right to receive rent for the rented property, the right to return the borrowed sums”. The article includes a study dedicated to the identification of legal heritage, called to develop and rediscover along with the evolution of society, where the configuration of this legal concept is analyzed from the perspective of the Civil Code of the Republic of Moldova and other normative acts.