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Fachwort
Deutschvoidability Grundwort fehlt
Fachbebietfehlt Trennung: voidability
Inhaltfehlt Status:
Worttyp fehlt
BGB 122. 2 A duty to pay damages does not arise if the injured person knew the reason for the voidness or the voidability or did not know it as a result of his negligence ( ought to have known it ) .
Section 770 Defences of voidability and set-off
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 .
Section 2083 Defence of voidability