EIRP Proceedings, Vol 15, No 1 (2020)

Abstract

We know that, following the conclusion of the marriage, a series of effects occur regarding the patrimonial or non-patrimonial relations between the spouses. With regard to personal non-patrimonial relationships, marriage involves a series of mutual obligations of the spouses that limit the individual freedom of each spouse. Marriage also has a number of effects in terms of property relations between spouses. The patrimonial relations between the spouses concern the matrimonial regimes but also other aspects with patrimonial content.

 For example, it is natural for spouses to dispose of their property through liberalities, in favour of one another or in favour of third parties, or for one spouse to survive the other, and then the question arises as to the extent to which spouses can dispose of liberalities and which it is the fate of property acquired during marriage?

We will try to answer this last question by analysing the legal nature of the preciput clause, between donation and bequest. We can also consider it as a bridge between family law and inheritance law, in the sense that it is a convention of the spouses concluded during life which regulates a legal situation born after the death of one of them.