Fachwort |
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Deutsch | unconsciousness | Grundwort | fehlt |
Fachbebiet | fehlt |
Trennung: | unconsciousness |
Inhalt | fehlt |
Status: | |
Worttyp | fehlt |
| BGB 105. 2 Also void is a declaration of intent that is made in a state of unconsciousness or temporary mental disturbance . |
| BGB 827 A person who , in a state of unconsciousness or in a state of pathological mental disturbance precluding free exercise of will , inflicts damage on another person is not responsible for such damage . If he has temporarily induced such a state in himself with alcoholic beverages or similar means , he is then responsible for damage that he unlawfully causes in this state as if he were responsible because of negligence ; responsibility does not ensue if he came into this state without fault . |
| BGB 1314. 2 In addition , a marriage may be annulled if a spouse was in a state of unconsciousness or temporary mental disturbance on the occasion of the marriage ; a spouse did not know , on the occasion of the marriage , that a marriage was taking place ; a spouse was induced to enter into the marriage by deceit as to circumstances such as , if he had known the factual position and if he had correctly appreciated the nature of marriage , would have prevented him from entering into the marriage ; this does not apply where the deceit relates to financial circumstances or was exercised by a third party without the knowledge of the other spouse ; a spouse was unlawfully induced to enter into the marriage by duress ; both spouses were in agreement on the occasion of the marriage that they did not intend to create a duty under section 1353 ( 1 ) . |
| 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 . |
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