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Fachwort
Deutschguardian Grundwort fehlt
Fachbebietfehlt Trennung: guardian
Inhaltfehlt Status:
Worttyp fehlt
BGB 113. 3 If the legal representative is a guardian , the authorisation , if he refuses it , may , on the application of the minor , be replaced by the family court . The family court must give substitute authorisation if it is in the interest of the ward .
BGB 207. 1 The limitation of claims between spouses is suspended for as long as the marriage continues . The same applies to claims between civil partners for as long as a civil partnership exists , parents and children and the spouse of one parent and the children of that spouse while the children are under age , a guardian and his ward for the duration of the guardianship , a person placed under the care of a custodian and his custodian for the duration of a care relationship , and a person subject to curatorship and his curator for the duration of the curatorship . The limitation of claims of a child against a legal adviser in litigation proceedings is suspended during the period when the latter is acting as a legal adviser .
BGB 1411. 1 A person whose capacity to contract is restricted may enter into a marriage contract only with the approval of his legal representative . This also applies to a person of full age placed under the care of a custodian to the extent that a reservation of consent has been ordered for this matter . Where the legal representative is a guardian , then in addition to the approval of the legal representative the approval of the family court is necessary if the equalisation of the accrued gains is excluded or restricted or if community of property is agreed or terminated ; if the legal representative is a custodian , the approval of the custodianship court is necessary . The legal representative may not enter into a marriage contract for a spouse with restricted capacity to contract or a person of full age placed under care who is capable of contracting . BGB 1411. 2 For a spouse who is incapable of contracting , the legal representative enters into the contract ; he may not agree on or terminate community of property . If the legal representative is a guardian , he may enter into the contract only with the approval of the family court ; if the legal representative is a custodian , the approval of the custodianship court is necessary .
BGB 1436 If the spouse who manages the marital property is under guardianship or if the management of the marital property falls under the area of responsibilities of his custodian , his guardian or custodian must act on his behalf in the rights and duties which arise from the management of the marital property . This also applies if the other spouse is appointed guardian or custodian .