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Fachwort
Deutschdisclaims Grundwort fehlt
Fachbebietfehlt Trennung: disclaims
Inhaltfehlt Status:
Worttyp fehlt
BGB 1371. 3 Where the surviving spouse disclaims the inheritance , then in addition to the equalisation of the accrued gains he may demand the compulsory portion even if he would have no entitlement to this under the provisions of the law of succession ; this does not apply if he has waived his right of intestate succession or his right to a compulsory portion by a contract with his spouse .
BGB 2142. 2 If the subsequent heir disclaims the inheritance , it remains with the prior heir , unless otherwise provided by the testator .
BGB 2271. 1 The revocation of a disposition which is related to a disposition of the other spouse in the way described in section 2270 is to be effected during the lifetimes of the spouses in accordance with the provision of section 2296 governing withdrawal from a contract of inheritance . A spouse may not , during the lifetime of the other , make a new disposition mortis causa unilaterally revoking his original disposition . BGB 2271. 2 The right of revocation expires on the death of the other spouse ; the survivor may , however , revoke his disposition if he disclaims the testamentary gift made to him . Even after the acceptance of the testamentary gift , the survivor is entitled to revoke in accordance with section 2294 and section 2336. BGB 2271. 3 If a testamentary gift has been given to a descendant of both spouses or of one of the spouses who is entitled to compulsory share , the provision of section 2289 ( 2 ) applies with the necessary modifications .
BGB 2298. 2 If withdrawal is reserved in such a contract , the whole contract is cancelled by the withdrawal of one of the parties to the contract . The right of withdrawal expires on the death of the other party to the contract . The surviving party may , however , if he disclaims the gift made to him by the contract , revoke his disposition by will .