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=S=> BGB 1320. 1 If the spouse declared dead is still alive , then notwithstanding section 1319 , his former spouse may petition for the annulment of the new marriage , unless he knew when the marriage was entered into that the spouse declared dead was still alive at the date of the declaration of death . The annulment may be petitioned for only within one year . The period begins on the date on which the spouse of the former marriage obtained knowledge that the spouse declared dead was still alive . Section 1317 ( 1 ) sentence 3 and ( 2 ) applies with the necessary modifications .
=S=> BGB 1320. 2 The consequences of the annulment are governed by section 1318 with the necessary modifications .
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