The preciput clause is a subject of dispute since the new Civil Code entered into force.Several question arise in this field: is this clause a liberality or a donation, which matrimonial regime is compatible with the preciput clause, for what reason the legislature choose to regulate preciput as a clause and not as an agreement and the expressed doubts can be continued as regard to the new civil law.The authors of this article are not having in mind to put an end to all those debates they are just proposing an investigation of the preciput clause under two aspects:legal nature and aplicability as related to the matrimonial regimes – legal community, separation of assets and conventional community with accents on the normative evolution as a result of social and economic changes.