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Dokument BGB Book 4 Family Law
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1077

=U4= Sec1882 -- Section 1882 Cessation of the requirements

-- =S=> BGB 1882 The guardianship ends when the requirements laid down for the commencement of the guardianship in section 1773 cease to be satisfied .

=U4= Sec1883 -- Section 1883 repealed

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=U4= Sec1884 -- Section 1884 Ward missing and declaration of death of the ward

-- =S=> BGB 1884. 1 If the ward is missing , the guardianship ends only when it is cancelled by the familycourt . The familycourt must cancel the guardianship if it obtains knowledge of the death of the ward .
=S=> BGB 1884. 2 If the ward is declared to be dead or if his date of death is determined under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] , the guardianship ends when the order on the declaration of death or the determination of the time of death becomes final and absolute .

=U4= Sec1885 -- Section 1885 repealed

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=U4= Sec1886 -- Section 1886 Removal of the sole guardian

-- =S=> BGB 1886 The familycourt must remove the sole guardian if the continuation of the office , in particular by reason of conduct in breach of duty of the guardian , would endanger the interest of the ward or if one of the reasons set out in section 1781 is present in the person of the guardian .

=U4= Sec1887 -- Section 1887 Removal of the youth welfare office or association

-- =S=> BGB 1887. 1 The familycourt must remove the youth welfare office or the association as guardian and appoint another guardian if this serves the welfare of the ward and another suitable person is available as guardian .
=S=> BGB 1887. 2 The decision is made by the court of its own motion or on application . A ward who is fourteen years of age , and every person who asserts a justified interest of the ward , is entitled to apply . The youth welfare office or the association should make the application as soon as they learn that the requirements of subsection ( 1 ) are satisfied .
=S=> BGB 1887. 3 The familycourt should , before its decision , also hear the youth welfare office or the association .

=U4= Sec1888 -- Section 1888 Removal of officials and church officers

-- =S=> BGB 1888 Where an official or a church officer is appointed guardian , the familycourt must remove him if the authorisation that is necessary under the Land statutes on the assumption of guardianship or for the continuation of the guardianship assumed before entry into the civil service or service relationship ends or is withdrawn or if the prohibition of continuation of the guardianship that is admissible under the Land statutes occurs .

=U4= Sec1889 -- Section 1889 Removal on the application of the guardian himself

-- =S=> BGB 1889. 1 The familycourt must remove the sole guardian on his application if there is a compelling reason ; a compelling reason includes but is not limited to the occurrence of a circumstance that would entitle the guardian under section 1786 ( 1 ) nos . 2 to 7 to refuse the assumption of the guardianship .
=S=> BGB 1889. 2 The familycourt must remove the youth welfare office or the association as guardian on its application if another person suited as guardian is available and this measure is not inconsistent with the best interests of the ward . In addition , an association is to be removed on its application if there is a compelling reason .

=U4= Sec1890 -- Section 1890 Delivery of assets and rendering an account

-- =S=> BGB 1890 After the termination of his office , the guardian must deliver to the ward the assets managed and render an account of the management . To the extent that he has rendered an account to the familycourt , reference to this account is sufficient .

=U4= Sec1891 -- Section 1891 Cooperation of the supervisory guardian

-- =S=> BGB 1891. 1 If there is a supervisory guardian , the ward must submit the account to the supervisory guardian . The supervisory guardian must make on the account the annotations which the examination gives him cause to make .
=S=> BGB 1891. 2 The supervisory guardian must , on request , provide information on the conduct of the supervisory guardianship and , to the extent that he is capable of doing this , on the assets managed by the guardian .

=U4= Sec1892 -- Section 1892 Examination and approval of the account

-- =S=> BGB 1892. 1 The guardian must file the account , after he has submitted it to the supervisory guardian , with the familycourt .
=S=> BGB 1892. 2 The familycourt must examine the account from an accounting point of view and objectively and arrange its acceptance by negotiation with the parties involved , involving the supervisory guardian . To the extent that the account is approved as correct , the familycourt must record the acceptance .

=U4= Sec1893 -- Section 1893 Continuation of transactions after the termination of the guardianship , return of certificates

-- =S=> BGB 1893. 1 In the case of the termination of the guardianship or of the office of guardian , the provisions of sections 1698a and 1698b apply with the necessary modifications .
=S=> BGB 1893. 2 After the termination of his office , the guardian must return the certificate of appointment to the familycourt . In the cases of sections 1791a and 1791b , the order of the familycourt is to be returned , and in the case of section 1791c the certificate on the commencement of the guardianship .

=U4= Sec1894 -- Section 1894 Notification on death of the guardian

-- =S=> BGB 1894. 1 The heir of the guardian must notify the familycourt without undue delay of the death of the guardian .
=S=> BGB 1894. 2 The guardian must give notification without undue delay of the death of the supervisory guardian or of a co-guardian .

=U4= Sec1895 -- Section 1895 Termination of office of the supervisory guardian

-- =S=> BGB 1895 The provisions of sections 1886 to 1889 , 1893 and 1894 apply with the necessary modifications to the supervisory guardian .