CLAUZA DE PRECIPUT – NATURA JURIDICĂ
PRECIPUT CLAUSE – LEGAL NATURE

Summary/Abstract: According to the Civil Code „through the matrimonial convention the spauses will be able to stipulate that the surviving spouse can claim possession, prior to the inheritance division without payment, of one or several of the common goods, owned by spauses in joint or co-property”. The main guideline of this study aims to analyze the doctrinal controversies regarding the legal nature of preciput clause. In the process of determinating the practical utility of legal regime applicable for preciput clause, using the comparative methode, we revealed the link between this family law institution and these two liberalities: donation and will. We concluded that the legal nature of preciput clause would consist in a hybrid institution, with its own physiognomy namely, regargind the legal form it shows like a donation, but concerning the effects it shows like a will.

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