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BGB 1380. 1 Against the equalisation claim of a spouse is set off what he is given by the other spouse by inter vivos legal transaction with the provision that it is to be set off against the equalisation claim . In case of doubt it is to be assumed that dispositions should be set off if their value exceeds the value of occasional gifts that are customary in keeping with the standard of living of the spouses .
BGB 1908i. 2 Section 1804 applies with the necessary modifications , but the custodian , in representation of the person under custodianship , may also give occasional presents if this is consistent with the wish of the person under custodianship and is customary in accordance with his standard of living . Section 1857a applies with the necessary modifications to the custodianship by the father , the mother , the spouse , the civil partner or a descendant of the person under custodianship and to the association custodian and the public authority custodian to the extent that the custodianship court does not direct otherwise .