Preciput Clause between Donation and Bequest
Keywords: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.
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.
Copyright (c) 2021 EIRP Proceedings
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material
- for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.