Law on the legal effects of the expulsion of a subsequent marriageNon-official table of contents
Date of expulsion: 29.03.1951
" Law on the Legal effects of the expulsion of a subsequent marriage in the revised version published in the Bundesgesetzblatt, Part III, No. 404-7, as published by Article 11 (1) of the Law of 14. June 1976 (BGBl. I p. 1421) "
|:||Modified by Art. 11 No. 1 G v. 14.6.1976 I 1421|
For details see the menu under Notes
(+ + + Text proof from: 1.7.1977 + + +)
In Berlin on 24.1.1952 entered into force gem. Art. 2, Art. 1 G v. 10.1.1952 GVBl. Berlin p. 75 unofficial table of contents
(1) has up to the 31. In March 1946, a board official issued an order for a supreme administrative authority that the marriage between a woman and an already deceased man had been subsequently closed, the following legal effects were produced:
- The woman has received the man's family name.
- 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. Further claims under national law remain unaffected.
- A child born of the man has obtained the legal status of a marital child; § 1720 of the Civil code shall apply.
(2) The legal effects shall be deemed to have occurred on the date referred to in the statement 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 has been declared dead or his death has been brought to court in accordance with the provisions of the law of the right of disappearing. unofficial table of contents
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The statement of the standing official has 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
(1) No one can rely on the legal invalidity of the appeal as long as it does not comply with the court's judgment is declared to be legally ineffective.(2) The action for the determination of the legal invalidity of the opposition may be brought by the father and mother of the man as well as by the public prosecutor. The complaint must be directed against the woman and the children.(3) The Landgericht is solely responsible for the action in which the subsequent marriage has been assessed in the district of the district court. If the Landgericht 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 in the case of the Ehenichtigkeitsklage. Non-official table of contents
(1) Convicted court decisions based on the statement that the award of the A valid marriage is not affected by the law of the civil service.(2) The application of this law shall not preclude the application of this law by final court decisions based on the determination that the proposition of the civil servant has no legal effects, unless the proposition of the civil servant is has been declared to be legally ineffective in the grounds referred to in § 3 of this Law.(3) Legally binding court decisions which have been taken under the provisions of the British Zone or the Land of Rhineland-Palatinate, which comply with this law, shall remain unaffected. unofficial table of contents
(1) Property statements made by the parties in connection with the statement of the appeal shall be legally effective unless the opposition of the civil service officer is declared to be legally ineffector.(2) The same shall apply to comparisons and unconditional recognition, which relate to the property consequences of the opposition. Non-official table of contents
(1) This law will enter into force on the day after the announcement.(2) The entry into force of this Act shall be repeal:
- the Regulation of the President of the Central-judicial office for the British Zone on the legal effects of the expulsion of a subsequent marriage of 13. August 1948 (Regulation bl. For the British Zone p. 237),
- the Rhineland-Palatinate Land Act on the legal effects of the expulsion of a subsequent marriage of 24 years. February 1949 (Law and Regulation bl. 81).
(3) Claims acquired on the basis of the repealed provisions shall remain unaffected.