Law on the legal effects of the expulsion of a subsequent marriage

Unofficial table of contents

EheschlReffectG

Date of completion: 29.03.1951

Full quote:

" Law on the legal effects of the expulsion of a subsequent marriage in the revised version published in the Bundesgesetzblatt Part III, outline number 404-7, as published in Article 11 (1) of the Law of 14 June 1976 (BGBl. I p. 1421).

Status:

Amended by Art. 11 No. 1 G v. 14.6.1976 I 1421

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.7.1977 + + +) 

  

In Berlin on 24.1.1952 entered into force gem. Art. 2, Art. IV para. 1 G v. 10.1.1952 GVBl. Berlin p. 75 Unofficial table of contents

§ 1

(1) If, on the basis of an order issued by 31 March 1946 of a supreme administrative authority, a civil service official has issued a decision that the marriage between a woman and an already deceased man is subsequently closed, he/she shall have The following legal effects are generated:

1.

The woman has received the man's surname.

2.

You are entitled under the Law on the Supply of Victims of War (Federal Supply Act) of 20 December 1950 (Bundesgesetzbl. 791) as well as the public insurance claims and the claims arising from an occupational retirement and survivor's pension, such as a widow. With regard to the granting of widow ' s money from a civil service or other public service relationship of the deceased, she shall be treated as the widow of an official who shall not be married until after retirement. closed. Any further claims under national law shall remain unaffected.

3.

A child of the woman who comes from the man has obtained the legal status of a marital child; § 1720 of the Civil Code finds appropriate application.

(2) The legal effects shall be deemed to have occurred on the date referred to in the opposition of the civil servant as the date of the marriage. (3) The provisions of paragraphs 1 and 2 shall also apply in cases where the man is declared dead, or his death has been brought to justice in accordance with the rules of the right of vanity. Unofficial table of contents

§ 2

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§ 3

The opposition of the civil servant shall have no legal effect if he is aggravated, or if there are reasonable doubts as to whether the man would have closed the marriage. Unofficial table of contents

§ 4

(1) No one can rely on the legal invalidity of the opposition as long as he is not declared legally ineffectual by judicial judgment. (2) The action for the determination of the legal invalidity of the opposition may be brought by the father and the mother of the man as well as of the prosecutor. The lawsuit shall be directed against the wife and the children. (3) For the lawsuit, the district court is solely responsible, in the district of which the subsequent marriage has been assessed. If the Regional Court in question is not situated within the scope of this Act, the jurisdiction shall be determined by the habitual residence of the woman or, if he is not habituated in the scope of this law. , after the habitual residence of the oldest child living within the scope of this law. (4) The application shall apply to the application of the provisions of the Code of Civil Procedure in force for the proceedings of the Ehenichannulment Act. Unofficial table of contents

§ 5

(1) Final court decisions based on the determination that a valid marriage has been established by the proclaim of the civil servant shall not be affected by this law. (2) Judgments of a court of law, which are based on the determination that the opposition of the civil servant has no legal effects, shall not preclude the application of this law, unless the proposition of the civil servant is based on the reasons referred to in § 3 of this law has been declared to be legally ineffective. (3) Judicial judicial Decisions taken on the basis of the provisions of the British Zone or the Land of Rhineland-Palatinate, which comply with this Act, shall remain unaffected. Unofficial table of contents

§ 6

(1) Property declarations which have been made by the parties in connection with the award are legally effective, unless the opposition of the civil service officer is declared to be legally ineffective. (2) The same applies to Comparisons and unconditional recognition, which relate to the property consequences of the opposition. Unofficial table of contents

§ 7

(1) This Act shall enter into force on the day after the date of delivery. (2) The entry into force of this Act shall be repeal:

1.

The Regulation of the President of the Central Office of Justice for the British Zone on the legal effects of the expulsion of a subsequent marriage of 13 August 1948 (Regulation for the British Zone p. 237),

2.

The Rhineland-Palatinate Land Act on the legal effects of the expulsion of a subsequent marriage of 24 February 1949 (Law and Regulation Act). 81).

(3) Claims acquired on the basis of the repealed provisions shall remain unaffected.