Law On The Legal Consequences Of The Saying Of A Subsequent Marriage

Original Language Title: Gesetz über die Rechtswirkungen des Ausspruchs einer nachträglichen Eheschließung

Read the untranslated law here: http://www.gesetze-im-internet.de/eheschlrwirkgg/BJNR002150951.html

Law on the legal consequences of the saying of a subsequent marriage EheschlRWirkgG Ausfertigung date: 29.03.1951 full quotation: "law on the legal consequences of the saying of a subsequent marriage where in the Federal Law Gazette Part III, outline number 404-7, adjusted version published by article 11 number 1 of the law of 14 June 1976 (BGBl. I p. 1421) is changed" stand: as amended by article 11 no. 1 G v. 14.6.1976 I 1421 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.7.1977 +++) in Berlin at the 24.1.1952 entered into force article com. I par. 2, article IV sec. 1 G v. 10.1.1952 GVBl. Berlin p. 75 § 1 (1) a Registrar has pronounced on the basis of an order of Supreme Administrative Authority judgments up to March 31, 1946, that between a woman and a deceased man later the marriage was closed, so this saying originated following legal effects : 1 has received the woman of the man's family name.
2. you entitled the claims according to the law on the care of victims of war (Federal) of December 20, 1950 (Bundesgesetzbl. P. 791) and the public service insurance claims and the claims of an occupational old-age and survivor's pension as a widow to. With regard to the granting of widow money from a civil servant or other public service relationship of the deceased, it is treated as the widow of a civil servant who has closed the marriage only after entering retirement. In land law, further claims remain unaffected.
3. from the man child of the woman has acquired the status of a legitimate child; appropriate applies to article 1720 of the civil code.
(2) the legal effects are valid the day occurred that has been described in the statement of the Registrar as the day of the marriage.
(3) the provisions of paragraphs 1 and 2 shall also apply in cases in which has been declared the man dead or his death judicially determined according to the law of capture.

The statement of the Registrar section 2 - section 3 has no legal effect if it is stolen, or if there are reasonable doubts, whether the man would have closed the marriage.

§ 4 (1) nobody can the legal ineffectiveness of the statement call upon, as long as he is not explained by a court judgment for void.
(2) the application for determination of legal invalidity of the statement may be filed by the father and the mother of the man, as well as by the public prosecutor. The lawsuit is against the woman and the children.
(3) of the complaint, the District Court is exclusively responsible, in whose district the subsequent marriage is been notarized. So the jurisdiction the hereafter competent court is headquartered not in the scope of this Act, is determined according to the habitual residence of the wife or if it has no habitual residence within the territorial scope of this Act, according to the habitual residence of the oldest child living within the territorial scope of this Act.
(4) on the application, find the application for the annulment of the marriage according to regulations of the civil procedure code.

§ 5 (1) final judicial decisions based on the finding that by the statement of the Registrar a valid marriage is established, are not affected by this law.
(2) final judicial decisions based on the finding that the statement of the Registrar had no legal effect, do not preclude the application of this Act, except that the statement of the Registrar for the reasons referred to in § 3 of this act invalid has been declared.
(3) final judicial decisions taken on the basis of the corresponding to the law regulations of the British zone or of Rheinland-Pfalz, remain unaffected.

§ 6 (1) financial statements, which have been given by the parties in connection with the statement are valid, except that the statement of the Registrar for void is explained.
(2) the same applies to comparisons and unconditional acknowledgement, which relate to the financial consequences of the statement.

§ 7 (1) this Act enters into force on the day after the announcement.
(2) with the entry into force of this Act enter override: 1 regulation of the President of the Central Justice Office for the British zone of the legal effect of the statement of a subsequent marriage on 13 August 1948 (Verordnungsbl. for the British zone of S. 237), 2. Rhineland-Palatinate State laws on the legal effect of the statement of a subsequent marriage of 24th February 1949 (Act - and Verordnungsbl. S. 81).
(3) claims which are acquired on the basis of the repealed provisions shall remain unaffected.