The Preciput Clause in the Matrimonial Agreement

By provisions of art. 333 the preciput clause was introduced in the new civil Code. In the Romanian law, the preciput operates in favor of the surviving spouse, whether of the husband or of the wife, all the more so as the spouses cannot have any certainty in this regard at the time of marriage. As a clause of the matrimonial agreement, the preciput can only exist as far as the future spouses conclude such an agreement, the preciput clause being an accessory to the matrimonial agreement. On the other hand, the existence of a matrimonial agreement does not necessarily imply such a clause, however, once they have opted for it, the legal rules on the preciput will be fully applicable, having a binding character. In this context, the article aims to study: a historical journey on the preciput clause; the preciput clause: concept, parts, object, legal and judicial character; compatibility of the preciput clause with the separation of property matrimonial regime and with the legal community matrimonial regime; the enforcement of the preciput clause; consequences of the special nature of conventional freedom of the preciput clause and the impact of the preciput clause on the division of inheritance.