kopfgodoku.de
Listenanzeige
Fachwort
Deutschconstraint Grundwort fehlt
Fachbebietfehlt Trennung: constraint
Inhaltfehlt Status:
Worttyp fehlt
BGB 1315. 1 An annulment of the marriage is excluded in the case of a breach of section 1303 , where the requirements of section 1303 ( 2 ) were satisfied on the occasion of the marriage and the family court , as long as the spouse is not of full age , ratifies the marriage or if the spouse , after he is of full age , has indicated that he intends to continue the marriage ( confirmation ) ; in the case of a breach of section 1304 , if the spouse , after the incapacity to contract ends , has indicated that he intends to continue the marriage ( confirmation ) ; in the case of section 1314 ( 2 ) no . 1 , if the spouse , after the unconsciousness or the mental disturbance ends , has indicated that he intends to continue the marriage ( confirmation ) ; in the cases of section 1314 ( 2 ) nos . 2 to 4 , if the spouse , after discovery of the mistake or the deceit or after the position of constraint ends , has indicated that he intends to continue the marriage ( confirmation ) ; in the cases of section 1314 ( 2 ) no . 5 , if the spouses , after the marriage , lived together as spouses . The confirmation of a person incapable of contracting is ineffective . The confirmation of a minor , in the case of a breach of section 1304 and in the case of section 1314 ( 2 ) no . 1 , is subject to the approval of his legal representative ; if the legal representative refuses the approval without weighty reasons , the family court may , on the application of the minor , substitute the approval .
BGB 1317. 1 In the cases of section 1314 ( 2 ) nos . 2 to 4 , the petition may be filed only within one year . The period for filing begins on the discovery of the mistake or the deceit or when the position of constraint ends ; however , the period for the legal representative of a spouse who is incapable of contracting does not begin before the date on which he becomes aware of the circumstances that cause the period to commence , and in the case of a minor spouse not before he is of full age . Section 206 and section 210 ( 1 ) sentence 1 are to be applied to the running of the period with the necessary modifications .
BGB 1760. 3 The cancellation is excluded if the person declaring , after the end of the incapacity to contract , the unconsciousness , the mental disturbance , the position of constraint resulting from duress , after the discovery of the mistake or after the end of the period laid down in section 1747 ( 2 ) sentence 1 , made up for the missing application or consent or indicated in another way that the adoption relationship was to be sustained . The provisions of section 1746 ( 1 ) sentences 2 and 3 , and section 1750 ( 3 ) sentences 1 and 2 apply with the necessary modifications .
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 .