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=S=> BGB 1612b Maintenance for the past
=S=> BGB 1612b. 1 For the past , the person entitled may claim performance or damages for non-performance only from the date on which the person obliged , for the purpose of asserting the maintenance claim , was requested to provide information on his income and his assets , on which the person obliged was in default or on which the maintenance claim became pending at court . The maintenance is owed from the first of the month in which the events referred to fall if the maintenance claim existed in principle on this date .
=S=> BGB 1612b. 2 The person entitled may demand performance for the past without the restriction of subsection ( 1 ) by reason of an irregular exceptionally high need ( special need ) ; after the end of a one-year period since it arose , this claim may be asserted only if the person obliged is first in default or the claim has become pending at court ; for the period in which he a)for legal reasons or b)for factual reasons which fall into the area of responsibility of the person liable for maintenance , was prevented from asserting the maintenance claim .
=S=> BGB 1612b. 3 In the cases of subsection ( 2 ) no . 2 , performance may not be demanded , may be demanded only in instalments or may be demanded only at a later date to the extent that full or immediate performance would be an inequitable hardship for the person obliged . This also applies to the extent that a third person demands compensation from the person obliged because he has paid maintenance in place of the person obliged .
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