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=U3= Sec1313 -- Section 1313 Annulment by judicial decision
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=S=> BGB 1313 A marriage may be annulled only by a judicial decision on petition . The marriage is dissolved when the decision becomes final and absolute . The conditions under which a petition for annulment may be made follow from the following provisions .
=U3= Sec1314 -- Section 1314 Grounds of annulment
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=S=> BGB 1314. 1 A marriage may be annulled if it was entered into contrary to the provisions of sections 1303 , 1304 , 1306 , 1307 and 1311.
=S=> 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 ) .
=U3= Sec1315 -- Section 1315 Exclusion of annulment
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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 .
=U3= Sec1316 -- Section 1316 Entitlement to petition
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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 .
=U3= Sec1317 -- Section 1317 Period for filing petition
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=S=> BGB 1317. 1 In the cases of section 1314 ( 2 ) nos . 2 to 4 , the petition may be filed only within one year . The period for filing begins on the discovery of the mistake or the deceit or when the position of constraint ends ; however , the period for the legal representative of a spouse who is incapable of contracting does not begin before the date on which he becomes aware of the circumstances that cause the period to commence , and in the case of a minor spouse not before he is of full age . Section 206 and section 210 ( 1 ) sentence 1 are to be applied to the running of the period with the necessary modifications .
=S=> BGB 1317. 2 If the legal representative of a spouse without capacity to contract does not file the petition in good time , the spouse himself , within six months after the incapacity to contract comes to an end , may file the petition .
=S=> BGB 1317. 3 If the marriage has been dissolved , the petition may not be filed again .
=U3= Sec1318 -- Section 1318 Consequences of annulment
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=S=> BGB 1318. 4 The provisions of the Household Effects Order [ Hausratsverordnung ] apply with the necessary modifications ; here , particular account is to be taken of the circumstances when the marriage is entered into , and in the case of a breach of section 1306 of the concerns of the third person .
=S=> BGB 1318. 5 Section 1931 does not apply in favour of a spouse who , in the case of a breach of sections 1304 , 1306 , 1307 or section 1311 or in the case of section 1314 ( 2 ) no . 1 , knew when the marriage was entered into that the marriage was voidable .
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