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=S=> BGB 1316. 1 The following persons are entitled to petition : The following persons are entitled to petition : in the case of a breach of sections 1303 , 1304 , 1306 , 1307 and 1311 , and in the cases of section 1314 ( 2 ) nos . 1 and 5 , either spouse , the competent administrative authority and in the cases of section 1306 the third person too . The competent administrative authority is determined by statutory order of the Land governments . The Land governments may transfer the authorisation under sentence 2 to the competent supreme Land authorities by statutory order ; in the cases of section 1314 ( 2 ) nos . 2 to 4 , the spouse named there .
=S=> BGB 1316. 2 For a spouse who is incapable of contracting , the petition may be filed only by his legal representative . In the other cases , a minor spouse may file the petition only without a representative ; he does not need the approval of his legal representative for this .
=S=> BGB 1316. 3 In the case of a breach of sections 1304 , 1306 and 1307 , and in the cases of section 1314 ( 2 ) nos . 1 and 5 , the competent administrative authority should file the petition , unless the annulment of the marriage would represent such severe hardship for one spouse or for the children of the marriage that , exceptionally , it seems advisable to maintain the marriage .
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