THE PRECIPUT CLAUSE. CONTROVERSIAL DEBATES. COMPARATIVE LAW
THE PRECIPUT CLAUSE. CONTROVERSIAL DEBATES. COMPARATIVE LAW

Summary/Abstract: Considered a matrimonial advantage for the spouses, the preciput clause represents the right of the surviving spouse to take possession, without counterparty, of one or several common goods prior to the division of inheritance. This regulation was inspired from the French legislation but it can also be found in the Belgian Law. Irrespective of the matrimonial regime the present clause must be introduced in the matrimonial convention and shall come into force only upon death of either spouse. This shall not affect the forced heirship whatsoever, and therefore, it is subject to reduction; also, the assets which are the object of the clause are not frozen and can be pursued by the creditors. Yet, the juridical nature of the clause remains controversial among the specialists. As there is a lot of unclearness in the way the preciput is regulated by the Civil Code, this clause definitely needs improvement

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