CLAUZA DE PRECIPUT: UN TESTAMENT CUPRINS ÎN CONVENŢIA MATRIMONIALĂ
PRECIPUT CLAUSE: A WILL CONTAINED IN THE MARRIAGE COVENANT

Summary/Abstract: The paper proposes to analyze the relationship between two institutions closely related in their common existence: Matrimonial convention and precipitous clause. Matrimonial convention it is the first legal act that the future spouses established before the marriage ends, the matrimonial regime desired or changes, during the marriage, the previous matrimonial regime. Precipice clause it is an obligation contained in the marriage agreement by which he can be stipulated as the surviving husband to take over without payment, before sharing the inheritance, one or more of the common goods, held in devalmasia or co-ownership. The marriage agreement is a legal act between the living and the precipitous clause is a legal act of cause of death (a testamentary disposition). The conditions above, the question arises: Can the matrimonial agreement be at the same time a legal act between the living but also for the cause of death? The study is carried out on the basis of the patrimonial obligations of the parties. The paper is structured in three parts: “Matrimonial regimes: patrimonial obligations of spouses”, “Matrimonial convention: choosing the matrimonial regime” and “Precipice clause: legal act of cause of death”.

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