Clauza de preciput – cel din urmă „cadou” matrimonial pentru soţul supravieţuitor
Preciput Clause – the last marriage “gift” for the surviving spouse

Summary/Abstract: In the light of the New Civil Code, the spouses can conclude a marital convention that includes a clause which can impose a particular regime for the goods earned during marriage in joint property or co property, stating that the named goods will be transferred exclusively to the surviving spouse, eliminating the uncertainties regarding the division of the inheritance mass of the predeceased spouse. The preciput clause will operate in a manner similar to a donation, but will not be subjected to the donation report and can be subjected to reduction only to the extent it affects the rights of the heirs entitled to a certain part of the inheritance. The present study analyses the preciput clause, stating its specificities, being an interesting mechanism, whose legal nature is not easy to be established.

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