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=S=> BGB 1390. 1 To the extent that , under section 1378 ( 2 ) , a spouse is not entitled to an equalisation claim because the other spouse , with the intention of disadvantaging him , made gratuitous dispositions to a third party , the third party is obliged to return the property received under the provisions on the return of unjust enrichment to the spouse for the purpose of compensation for the lost equalisation claim . The third party may avoid return by paying the missing sum .
=S=> BGB 1390. 2 The same applies to other legal transactions if the intention to disadvantage the spouse was known to the third party .
=S=> BGB 1390. 3 The claim is statute-barred three years after the end of the property regime . If the property regime ends as a result of the death of a spouse , the limitation is not suspended as a result of the fact that the claim cannot be asserted until the spouse has disclaimed the inheritance or a legacy .
=S=> BGB 1390. 4 If the action for premature equalisation of the accrued gains has been instituted or the petition for divorce or annulment of the marriage has been filed , a spouse may require security from the third party for his claims under subsections ( 1 ) and ( 2 ) .
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