Clauza de preciput din Codul civil român şi interferenţa acesteia cu succesiunile cu elemente de extraneitate
The preciput clause of the Romanian Civil Code and its interference with the matter of inheritances with foreign elements

Summary/Abstract: The preciput clause is an optional provision of the matrimonial agreement by which a spouse can take over without compensation, before the division of the estate, certain common assets. It produces effects mortis causa, is subject to reduction and does not affect the rights of creditors to pursue the assets that are the subject of it. The provision was transplanted, with slight modifications, from French law, the previous regulation with similar effects being another legal transplant from the Napoleonic Civil Code. Its legal nature is hybrid, between donation and legacy, with sui generis elements of a specific matrimonial advantage and an atypical clause of partial liquidation of community assets. Its mortis causa effects lead to inevitable interferences with the matter of inheritance, interferences that give rise to difficulties of application in the case of matrimonial regimes or inheritances with a foreign element.

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