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Fachwort
Deutschinequitable Grundwort fehlt
Fachbebietfehlt Trennung: inequitable
Inhaltfehlt Status:
Worttyp fehlt
BGB 319. 1 If the third party is to specify performance at its reasonably exercised discretion , the specification made is not binding on the parties to the contract if it is evidently inequitable . The specification is made in this case by judicial decision ; the same applies if the third party cannot or does not want to make the specification or if it delays it .
BGB 660. 1 If more than one person has contributed to an outcome for which the reward is promised , then the person promising the reward must apportion the reward at his reasonably exercised discretion , taking into account the contribution of each one to the outcome . The apportionment is not mandatory if it is evidently inequitable ; in such a case the matter is decided by court decision .
BGB 1318. 2 The provisions of sections 1569 to 1586b apply with the necessary modifications in favour of a spouse who , in the case of a breach of sections 1303 , 1304 , 1306 , 1307 or section 1311 , or in the cases of section 1314 ( 2 ) no . 1 or 2 , did not when the marriage was entered into know that the marriage was voidable , or who has been deceived or threatened , in the cases of section 1314 ( 2 ) no . 3 or 4 , by the other spouse or with his knowledge ; in favour of both spouses in the case of a breach of section 1306 , 1307 or section 1311 , if both spouses knew of the voidability ; this does not apply in the case of a breach of section 1306 , to the extent that the claim of a spouse to maintenance would adversely affect a corresponding claim of the third person . The provisions on maintenance by reason of the care or upbringing of a child of the spouses also apply here , with the necessary modifications , to the extent that a refusal of maintenance would be grossly inequitable with regard to the concerns of the child .
BGB 1361b. 1 If the spouses are living apart or if one of them wishes to live apart , one spouse may demand that the other permit him the sole use of the matrimonial home or of part of the matrimonial home , to the extent that this is necessary , taking account of the concerns of the other spouse , in order to avoid an inequitable hardship . An inequitable hardship may also exist if the best interests of children living in the household are adversely affected . If one spouse alone or together with a third party is entitled to the ownership of or a heritable building right or usufruct in the plot of land on which the matrimonial home is situated , special account must be taken of this ; similar provisions apply to the ownership of an apartment , a permanent residential right and a right of habitation running with the land .