CLAUZA DE PRECIPUT - O CONTROVERSĂ NESTINSĂ

Daiana BANC

Toi qui veux te marier et qui te marieras, as-tu jamais medite sur le Code Civil?

Abstract. The preciput clause - a never ending controversy. Inspired by the French regulations, the preciput clause was introduced into the new civil Code with the art. 333. Spouses are free to sign before or during marriage a matrimonial agreement that certifies the possibility, for the surviving spouse, to claim possession prior to the split of inheritance of one or several mutually held goods, conjointly or in co-ownership, without having the obligation to pay their equivalent value. It results that the surviving spouse will certainly acquire some benefit.

Furthermore, the preciput provision may be subject to reduction, whenever the disposable portion is exceeded. Altogether considered, regarding a significant part of the Romanian literature, the preciput clause has the legal nature of a liberality. Moreover, whether we were to consider liberality,...