Contemporary Changes In The Concept Of Inheritance In The Context Of New Family Structures

Résumé

This article explores how modern family structures, such as cohabitation and same-sex partnerships, challenge the traditional concept of legal inheritance in Romania. It points out that Romanian inheritance law currently recognizes only blood relatives and surviving spouses, leaving unmarried partners without inheritance rights in the absence of a will. The paper details the legal vacuum and inequities created for these new family forms, contrasting the situation in Romania with European models that have introduced civil partnerships to provide legal protection and inheritance rights. Finally, it argues the need for a legislative reform in Romania, based on ECHR case law and the principles of equality and protection of family life, suggesting the adoption of civil partnership as a solution to bring domestic law in line with social realities and European norms.