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=S=> BGB 1502. 1 The surviving spouse is entitled to take over the marital property or individual objects that are part of it in return for reimbursement of the value . The right does not pass to the heir .
=S=> BGB 1502. 2 If the continued community of property , on the basis of section 1495 , is terminated by judicial decision , the surviving spouse does not have the right set out in subsection ( 1 ) . The descendants entitled to a share may in this case take over in return for reimbursement of the value the objects that the deceased spouse would be entitled to take over under section 1477 ( 2 ) . The right may be exercised by them only jointly .
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