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Dokument BGB Book 4 Family Law
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=U5= Sec1585 -- Section 1585 Nature of maintenance payment

-- =S=> BGB 1585. 1 The day-to-day maintenance is to be rendered by making periodical payments . The periodical payments are to be paid monthly in advance . The person obliged owes the full monthly amount even if the maintenance claim expires in the course of the month as a result of remarriage or death of the person entitled .
=S=> BGB 1585. 2 Instead of the periodical payments , the person entitled may demand a lump sum as capital , if there is a compelling reason and the person obliged is not inequitably burdened by this .

=U5= Sec1585a -- Section 1585a Provision of security

-- =S=> BGB 1585a. 1 On request , the person obliged must provide security . The duty to provide security does not apply if there is no reason to assume that the payment of maintenance is endangered or if the person obliged would be inequitably burdened by the provision of security . The amount for which security is to be provided should not exceed the periodical payments for one year , except to the extent that , in the particular circumstances of the cases , a higher amount of security appears appropriate .
=S=> BGB 1585a. 2 The nature of the security payment is determined according to the circumstances ; the restriction of section 232 does not apply .

=U5= Sec1585b -- Section 1585b Maintenance for the past

-- =S=> BGB 1585b. 1 By reason of special need ( section 1613 ( 2 ) ) , the person entitled may demand maintenance for the past .
=S=> BGB 1585b. 2 Apart from this , the person entitled may claim performance or damages for non-performance for the past only pursuant to section 1613 subsection ( 1 ) .
=S=> BGB 1585b. 3 For a period lying more than one year before pendency , performance or damages for non-performance may be claimed only if it is to be assumed that the person obliged intentionally avoided performance .

=U5= Sec1585c -- Section 1585c Agreements on maintenance

-- =S=> BGB 1585c The spouses may make agreements on the obligation to maintain for the time after the divorce . An agreement that is entered into before the divorce becomes final and absolute must be notarially recorded . Section 127a also applies to an agreement that is recorded in matrimonial proceedings before the trial court .