Keywords
Unworthiness to inherit, Ingratitude, Legal transplant, France, Québec, Romania
Abstract
After initially borrowing the unworthiness-ingratitude pairing of the Napoleonic Code, the legal systems of Québec and Romania opted to expand the former by using the application range of the latter as an example, specifically in the field of legacies. Nonetheless, the two systems diverged greatly in readjusting the scope of the ingratitude doctrine: while the Québécois lawmaker chose to abolish the doctrine of ingratitude entirely, its Romanian counterpart opted to maintain it, giving rise to the possibility of overlapping rules. Consequently, the aims of our paper are twofold: on one hand, it seeks to determine the full extent of this alleged overlap; on the other hand, it aims to explain why the Romanian lawmaker deviated from its source of inspiration. In doing so, this doctrinal research takes a mixed approach, combining the historical and comparative methods.
Repository Citation
Mircea Dan Bob-Bocșan and Anthony Matthew Dima Murphy,
The Unworthy and the Ungrateful: On the Mirroring Legal Patterns of France, Québec, and Romania,
16 J. Civ. L. Stud.
(2024)
Available at: https://digitalcommons.law.lsu.edu/jcls/vol16/iss1/4