CONSIDERATIONS ON PRECIPICE CLAUSE
CONSIDERATIONS ON PRECIPICE CLAUSE
Author(s): Anica MerişescuSubject(s): Civil Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: Precipitation clause; institution; legal nature; authentic act; sharing agreement; matrimonial convention; contract;
Summary/Abstract: The current Civil Code has imported from the French law the precipice clause, a legal institution that is not a legislative novelty, the 1864 Civil Code regulating "donations made to spouses through the marriage contract". Even if, as we have shown above, we can not claim that the institution is a novelty, the theory of the precipice clause has sparked many controversies which mainly aimed at establishing its legal nature and shaping the applicable legal regimeIn the present study we propose to deal with the relevant aspects regarding the theoretical and practical contouring of the precipitation clause.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: XI/2017
- Issue No: XI
- Page Range: 105-108
- Page Count: 4
- Language: English