Clauza de preciput – certitudini şi dileme juridice. Abordare de drept comparat
Preciput clause – legal certainties and dilemmas. A comparative law approach

Summary/Abstract: The Romanian Civil Code restores the principle of freedom of matrimonial agreements, one of the clauses that can be included in a matrimonial agreement is the preciput clause, that stipulation by which the spouses or the future spouses agree that one or more individually determined assets that they own jointly or in shares to be taken over by the spouse who will survive the other, without payment and before the division of the inheritance. The source of inspiration for the Romanian legislator in the elaboration of this institution is the French regulation on the matter, which includes the preciput clause in the broader category of matrimonial advantages. Considering that the latter legal figure is unknown to the Romanian legal system, as well as the fact that article 333 of the Civil Code, which enshrines the preciput clause, is drafted slightly deficiently, a series of uncertainties hang over both the legal nature of the clause and its legal regime. This study aims to analyze these aspects, both by reference to Romanian law and by reference to French and Belgian law, the last part of the paper being reserved for the research of the preciput clause in the context of EU Regulation 650/2012 in matters of succession.

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