321
=S=> BGB 1762. 1 The only person who is entitled to apply is a person without whose application or consent the child was adopted . For a child that is incapable of contracting or not yet fourteen years old , and for the adoptive parent who is incapable of contracting , the application may be filed by the legal representatives . In addition , the application cannot be made through an agent . If the person entitled to file has restricted capacity to contract , the approval of his legal representative is not required .
=S=> BGB 1762. 2 The application may only be made within one year if less than three years have passed since the adoption . The period commences a)in the cases of section 1760 ( 2 ) letter a , at the time when the declarer has attained at least limited capacity to contract or when the legal representative of the adoptive parent who is not capable of contracting or of the child that is not yet fourteen years old or is incapable of contracting becomes aware of the declaration ; b)in the cases of section 1760 ( 2 ) letters b and c , at the time when the declarer discovers the mistake or the deceit ; c)in the case of section 1760 ( 2 ) letter d , at the time when the position of constraint ends ; d)in the case of section 1760 ( 2 ) letter e , at the end of the period laid down in section 1747 ( 2 ) sentence 1 ; e)in the cases of section 1760 ( 5 ) , at the time when the parent becomes aware that the adoption took place without his consent . The provisions of section 206 and 210 that apply to limitation apply with the necessary modifications .
=S=> BGB 1762. 3 The application must be notarially recorded .
|
