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EnglischBGB 1495 A descendant entitled to a share may take legal action against the surviving spouse for termination of the continued community of property if his future rights may be substantially endangered by the fact that the other spouse is incapable of managing the marital property or abuses his right to manage the marital property , if the surviving spouse has violated his duty to grant maintenance to the descendant and a substantial endangerment of the maintenance is to be feared in the future , if the management of the marital property falls under the area of responsibilities of the custodian of the surviving spouse , if the surviving spouse has forfeited parental custody for the descendant or , if he had been entitled to it , would have forfeited it .