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=U3= Sec1319 -- Section 1319 Annulment of the previous marriage
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=S=> BGB 1319. 1 Where a spouse , after the other spouse has been declared dead , enters into a new marriage , then , if the spouse declared dead is still alive , the new marriage may be annulled for breach of section 1306 only if both spouses knew when the marriage was entered into that the spouse declared dead was still alive at the date of the declaration of death .
=S=> BGB 1319. 2 On the entering into of the new marriage , the earlier marriage is dissolved , unless both spouses of the new marriage knew when the marriage was entered into that the spouse declared dead was still alive at the date of the declaration of death . It remains dissolved even if the declaration of death is cancelled .
=U3= Sec1320 -- Section 1320 Annulment of the new marriage
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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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