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=U3= Sec1353 -- Section 1353 Conjugal community
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=S=> BGB 1353. 1 Marriage is entered into for life . The spouses have a mutual duty of conjugal community ; they are responsible for each other .
=S=> BGB 1353. 2 A spouse is not obliged to comply with the demand of the other spouse to create the community if the demand shows itself as an abuse of his right or if the marriage has broken down .
=U3= Sec1354 -- Section 1354 repealed
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=U3= Sec1355 -- Section 1355 Family name
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=S=> BGB 1355. 1 The spouses should determine a common family name ( family name ) . The spouses have the family name determined by them . If the spouses do not determine a family name , they keep the names they use when the marriage is entered into after the marriage too .
=S=> BGB 1355. 2 The spouses may choose the birth name of the husband or the wife or the name the husband or wife had at the time of the declaration on the determination of the family name as family name by declaration to the registry of births , deaths and marriages .
=S=> BGB 1355. 3 The declaration on the determination of the family name should be made when the marriage is entered into . If the declaration is made later , it must be notarially certified .
=S=> BGB 1355. 4 A spouse whose name does not become the family name may , by declaration to the registry of births , deaths and marriages , attach his birth name or the name he has at the time of the declaration on the determination of the family name before or after the family name . This does not apply if the family name consists of more than one name . If the name of one spouse consists of more than one name , only one of these names may be attached . The declaration may be revoked to the registry of births , deaths and marriages ; in this case , a new declaration under sentence 1 is not admissible . The declaration and the revocation must be notarially certified .
=S=> BGB 1355. 5 The widowed or divorced spouse retains the family name . He may , by declaration to the registry of births , deaths and marriages , reassume his birth name or the name that he had until the determination of the family name , or attach his birth name or the name he had at the time of the determination of the family name before or after the family name . Subsection ( 4 ) applies with the necessary modifications .
=S=> BGB 1355. 6 Birth name means the name that is to be entered in the birth certificate of a spouse at the date of the declaration to the registry of births , deaths and marriages .
=U3= Sec1356 -- Section 1356 Household management , gainful employment
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=S=> BGB 1356. 1 The spouses provide for the household management in mutual agreement . If the household management is left to one of the spouses , that spouse manages the household on his own responsibility .
=S=> BGB 1356. 2 Both spouses are entitled to be gainfully employed . In the choice and exercise of a gainful employment , they must take the necessary account of the concerns of the other spouse and the family .
=U3= Sec1357 -- Section 1357 Transactions to provide the necessities of life
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=S=> BGB 1357. 1 Each spouse is entitled to enter into transactions to appropriately provide the necessities of life of the family , also binding the other spouse . Such transactions entitle and oblige both spouses , unless it appears otherwise from the circumstances .
=S=> BGB 1357. 2 One spouse may restrict or exclude the entitlement of the other spouse to enter into transactions binding him ; if there is no adequate reason for the restriction or exclusion , the family court must cancel it on application . Towards third parties , the restriction or exclusion is effective only in compliance with section 1412.
=S=> BGB 1357. 3 Subsection ( 1 ) does not apply if the spouses live apart .
=U3= Sec1358 -- Section 1358 repealed
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=U3= Sec1359 -- Section 1359 Scope of duty of care
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=S=> BGB 1359 In the performance of the duties arising from the marriage relationship , the spouses are answerable to each other only for the care they customarily exercise in their own affairs .
=U3= Sec1360 -- Section 1360 Duty of family maintenance
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=S=> BGB 1360 The spouses have a duty to each other to appropriately maintain the family through their work and with their assets . If the household management is entrusted to one spouse , he normally performs his duty of contributing to family maintenance through work by carrying out the household management .
=U3= Sec1360a -- Section 1360a Scope of the obligation to maintain
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=S=> BGB 1360a. 1 The reasonable maintenance of the family includes everything that is necessary , depending on the circumstances of the spouses , to pay the costs of the household and to satisfy the personal needs of the spouses and the necessities of life of the children of the family entitled to maintenance .
=S=> BGB 1360a. 2 Maintenance must be provided in the manner that is required by conjugal community . The spouses have a duty to each other to provide for a reasonable period of time in advance the means necessary for the collective maintenance of the family .
=S=> BGB 1360a. 3 The provisions of sections 1613 to 1615 that govern the duty of relatives to maintain apply with the necessary modifications .
=S=> BGB 1360a. 4 If a spouse is not in a position to bear the costs of a legal dispute which relates to a personal matter , the other spouse has a duty to advance him these costs , insofar as this is equitable . The same applies to the costs of defence in criminal proceedings in which a spouse is the defendant .
=U3= Sec1360b -- Section 1360b Overpayment
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=S=> BGB 1360b If a spouse makes a larger contribution to the maintenance of the family than he is obliged to , then in case of doubt it is to be assumed that he does not intend to demand reimbursement from the other spouse .
=U3= Sec1361 -- Section 1361 Maintenance when spouses are living apart
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=S=> BGB 1361. 1 If the spouses are living apart , one spouse may demand from the other the maintenance appropriate with regard to the standard of living and the earnings and property situation of the spouses ; for outlays resulting from injury to body and health , section 1610a applies . If divorce proceedings are pending between the spouses , who are living apart , then maintenance , from the date when the proceedings are pending , also includes the costs of appropriate insurance for old age and for reduced earning capacity .
=S=> BGB 1361. 2 The spouse who is not gainfully employed can be required to earn his own maintenance through gainful employment only if this can be expected of him in view of his personal circumstances , in particular by reason of earlier gainful employment , taking into account the duration of the marriage , and with regard to the financial circumstances of both spouses .
=S=> BGB 1361. 3 The provision of section 1579 nos . 2 to 8 on the restriction or refusal of maintenance by reason of gross inequity applies with the necessary modifications .
=S=> BGB 1361. 4 The day-to-day maintenance is to be rendered by making periodical payments . The periodical payments are to be paid monthly in advance . The person obliged owes the full monthly amount even if the person entitled dies in the course of the month . Section 1360a ( 3 ) and ( 4 ) and sections 1360b and 1605 apply with the necessary modifications .
=U3= Sec1361a -- Section 1361a Allocation of household effects when spouses are living apart
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=S=> BGB 1361a. 1 If the spouses are living apart , either of them may require the other spouse to deliver to him the household objects that belong to him . However , he has a duty to permit the other spouse to continue to use them to the extent that the latter needs them to maintain a separate household and the permission of use in the circumstances of the case is equitable .
=S=> BGB 1361a. 2 Household objects which belong to the spouses jointly are allocated between them in accordance with the principles of equity .
=S=> BGB 1361a. 3 If the spouses cannot agree , the competent court decides . The court may determine a reasonable payment for the use of the household objects .
=S=> BGB 1361a. 4 The property relations are unaffected unless the spouses agree otherwise .
=U3= Sec1361b -- Section 1361b Matrimonial home when spouses are living apart
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=S=> BGB 1361b. 1 If the spouses are living apart or if one of them wishes to live apart , one spouse may demand that the other permit him the sole use of the matrimonial home or of part of the matrimonial home , to the extent that this is necessary , taking account of the concerns of the other spouse , in order to avoid an inequitable hardship . An inequitable hardship may also exist if the best interests of children living in the household are adversely affected . If one spouse alone or together with a third party is entitled to the ownership of or a heritable building right or usufruct in the plot of land on which the matrimonial home is situated , special account must be taken of this ; similar provisions apply to the ownership of an apartment , a permanent residential right and a right of habitation running with the land .
=S=> BGB 1361b. 2 If the spouse against whom the application is directed has unlawfully and intentionally injured the body , health or liberty of the other spouse or unlawfully threatened such an injury or injury to life , then as a general rule sole use of the whole home is to be permitted . The claim to permission of use of the home is excluded only if no further injuries and unlawful threats are to be feared , unless the injured spouse cannot be expected to continue living together with the other by reason of the severity of the act .
=S=> BGB 1361b. 3 If one spouse has been permitted the use of the matrimonial home in whole or in part , the other spouse must refrain from everything that is suitable to render more difficult or defeat the exercise of this right of use . He may demand from the spouse with the right of use payment for the use , insofar as this is equitable .
=S=> BGB 1361b. 4 If , after the spouses commence living apart in the meaning of section 1567 ( 1 ) , a spouse moves from the matrimonial home , and if within six months after moving out he has not notified the other spouse of a serious intention to return , it is irrebuttably presumed that he has permitted the spouse who remained in the matrimonial home the sole right of use .
=U3= Sec1362 -- Section 1362 Presumption of ownership
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=S=> BGB 1362. 1 It is presumed in favour of the creditors of the husband and the creditors of the wife that the movable things that are in the possession of one spouse or of both spouses belong to the debtor . This presumption does not apply if the spouses are living apart and the things are in the possession of the spouse who is not the debtor . Bearer instruments and instruments made out to order which have a blank endorsement are treated in the same way as movable things .
=S=> BGB 1362. 2 It is presumed of the things intended exclusively for the personal use of a spouse , as between the spouses to each other and between the spouses and the creditors , that they belong to the spouse for whose use they are intended .
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