Preciput Clause between Donation and Bequest


  • Liliana Niculescu Dunarea de Jos University of Galati


mortis causa; ut singuli, a fortiori


We know that, following the conclusion of the marriage, a series of effects occur regarding the
patrimonial or non-patrimonial relations between the spouses. With regard to personal non-patrimonial
relationships, marriage involves a series of mutual obligations of the spouses that limit the individual freedom of
each spouse. Marriage also has a number of effects in terms of property relations between spouses. The
patrimonial relations between the spouses concern the matrimonial regimes but also other aspects with
patrimonial content. For example, it is natural for spouses to dispose of their property through liberalities, in
favour of one another or in favour of third parties, or for one spouse to survive the other, and then the question
arises as to the extent to which spouses can dispose of liberalities and which it is the fate of property acquired
during marriage? We will try to answer this last question by analysing the legal nature of the preciput clause,
between donation and bequest. We can also consider it as a bridge between family law and inheritance law, in
the sense that it is a convention of the spouses concluded during life which regulates a legal situation born after
the death of one of them.

Author Biography

Liliana Niculescu, Dunarea de Jos University of Galati

Assistant Professor, PhD


Bodoasca, T., & Draghici, A. (2013). Discussions regarding the precipitous clause in the regulation of the new Romanian Civil

Code. Law no. 10, p. 34.

*** National Notarial Register of Matrimonial Regimes.