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BGB 940. 2 The interruption is deemed not to have occurred if the proprietary possessor loses the proprietary possession involuntarily and recovers it within the period of one year or by legal action instituted within this period .
BGB 1378. 3 The equalisation claim arises on the ending of the property regime and from this date on it is inheritable and transferable . An agreement on the equalisation of the accrued gains that the spouses enter into , during proceedings instituted to dissolve the marriage , for the eventuality of the dissolution of the marriage , must be notarially recorded ; section 127a also applies to an agreement that is recorded in proceedings on family matters before the court hearing the case . Apart from this , neither spouse may before the end of the property regime agree to dispose of the equalisation claim .
BGB 1387 If the court grants premature equalisation of the accrued gains , then when the accrued gains are calculated , the date of the end of the property regime is replaced by the date on which the action for premature equalisation is instituted .
BGB 1389 Where the action for premature equalisation of accrued gains has been instituted or the petition for divorce or annulment of marriage has been filed , a spouse may demand provision of security if , by reason of the conduct of the other spouse , it is to be feared that his rights to the future equalisation of accrued gains are substantially endangered .