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EnglischBGB 1509 Each spouse may , for the eventuality that the marriage is dissolved by his death , by testamentary disposition exclude the continuation of the community of property if he is entitled to deprive the other spouse of the compulsory portion or to institute proceedings for termination of the community of property . The same applies if the spouse is entitled to petition for the annulment of the marriage and has filed the petition . The exclusion is governed by the provisions on the removal of the compulsory portion , with the necessary modifications .