THE PRECIPUT CLAUSE – ELEMENT OF MODERNITY IN THE NATIONAL LEGISLATION IN FAMILY RELATIONSHIPS
THE PRECIPUT CLAUSE – ELEMENT OF MODERNITY IN THE NATIONAL LEGISLATION IN FAMILY RELATIONSHIPS

Summary/Abstract: The preciput clause is regulated for the first time in our legal system with the entry into force of the rules relating to matrimonial regimes provided under the new Civil Code regulation. It appears like a clause that spouses can stipulate in the matrimonial convention, when they choose their matrimonial regime or when the spouses change or modify the existing regime, without being required. It can only be a privilege that spouses understand to have one over another, when death comes to one of them. The matrimonial clause allow the surviving spouse to take a good from community of goods, before inheritance. This clause has created more controversy in the legal literature.

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