ro fr
universul juridic magazin

The preciput clause

This study dedicated to the preciput clause proposes to analyze, only in essence, the legal institution in itself, the history of its emergence, the legal nature and the main effects such clause might incur.
New as term, but known to the Romanian law in its essence, the preciput clause has generated ever since its appearance a series of polemics especially regarding its legal nature and according to it, the main effects it might incur. In terms of legal nature, I have observed that the preciput clause stands at the crossroads of the two most important legal institutions – donation and will – as the only forms of liberalities in the Romanian law. Neither a donation, nor a will, but definitely a liberality, the preciput clause reflects, in the two analyzed stances, either dominant characteristics of the donation or of the will, but neither one in its genuine condition.
Based on the dominant characteristics, I have analyzed, in essence, the main legal effects, emphasizing the contractual institution of heir established in the person of the surviving spouse