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=S=> 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 .
=S=> BGB 1315. 2 An annulment of the marriage is further excluded in the case of a breach of section 1306 , if , before the new marriage is entered into , the dissolution by divorce or the annulment of the former marriage or the annulment of the civil partnership is pronounced and this pronouncement becomes final and absolute after the new marriage is entered into ; in the case of a breach of section 1311 , if the spouses , after entering into the marriage , lived together as spouses for five years , or , if one of them died earlier , until the death of that spouse , but for a minimum of three years , unless at the end of the five years or at the time of the death a petition for annulment has been made .
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