ASSESSMENT OF THE LEGAL STATUS OF THE DECEASED’S PARENTS AFTER THE 2026 SUCCESSION REFORM THROUGH THE PERSPECTIVE OF THE PRINCIPLE OF PROPORTIONALITY

Abstract

This paper is devoted to the analysis of the legal status of the deceased’s parents after the succession reform of 2026. Following the reform, the deceased’s parents, in the absence of descendants, lost their succession protection, which resulted in an imbalance between the level of succession protection granted to the deceased’s parents and that granted to the surviving spouse. The subject matter of the research consists of the provisions of the succession legislation of the Republic of Moldova and several European legal systems, as well as relevant legal doctrine. 
The purpose of the research is to determine whether the complete exclusion of the deceased’s parents from the category of legal heirs, in the absence of the deceased’s descendants, complies with the principle of proportionality.To achieve the stated objective, the author applies the three-stage test developed by Robert Alexy, which involves assessing the compliance of the restriction of succession rights with three interrelated criteria: suitability, necessity, and proportionality in the strict sense.
The results of the research lead to the conclusion that the current legal status of the deceased’s parents, in the absence of descendants, does not comply with the principle of proportionality. The theoretical significance of the research lies in expanding scientific approaches concerning the possibility of applying Robert Alexy’s three-stage test method to issues arising in succession law. The practical significance consists in developing an original legislative initiative aimed at addressing the identified problem. Thus, the conducted research seeks to improve the current legislation of the Republic of Moldova by restoring the balance affected between the succession protection of the deceased’s parents and that of the surviving spouse.