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Deutschpetitioned Grundwort fehlt
Fachbebietfehlt Trennung: petitioned
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BGB 1320. 1 If the spouse declared dead is still alive , then notwithstanding section 1319 , his former spouse may petition for the annulment of the new marriage , unless he knew when the marriage was entered into that the spouse declared dead was still alive at the date of the declaration of death . The annulment may be petitioned for only within one year . The period begins on the date on which the spouse of the former marriage obtained knowledge that the spouse declared dead was still alive . Section 1317 ( 1 ) sentence 3 and ( 2 ) applies with the necessary modifications .
BGB 1379. 2 If a spouse has petitioned for divorce or the annulment of the marriage , subsection ( 1 ) applies with the necessary modifications .
BGB 1933 The right of succession of the surviving spouse and the right to the preferential benefit are excluded if at the time of the death of the deceased the requirements for the dissolution by divorce of the marriage were satisfied and the deceased had petitioned for or consented to the divorce . The same applies if the deceased was entitled to petition for the annulment of the marriage and had filed the petition . In these cases , the spouse is entitled to maintenance under sections 1569 to 1586b.
BGB 2077. 1 A testamentary disposition in which the testator has made provision for his spouse is ineffective if the marriage was dissolved before the testator's death . It is equivalent to dissolution of marriage if at the time of the death of the testator the requirements for divorce were satisfied and the testator had petitioned for divorce or consented to it . The same applies if the deceased at the time of his death was entitled to petition for the annulment of the marriage and had filed the petition .