Last Updated on June 28, 2021 by LawEuro
German Civil Code (BGB) German law
Chapter 4
Optional Regime of theCommunity of Accrued Gains
Section 1519
Agreement by marriage contract
The provisions contained in the Agreement of 4 February 2010 between the Federal Republic of Germany and the French Republic on the Optional Matrimonial Property Regime of the Community of Accrued Gains apply if the spouses agree on the optional matrimonial property regime of the community of accrued gains by marriage contract. Section 1368 applies with the necessary modifications. Section 1412 is not to be applied.
Section 1520 to 1557
(repealed)
Subtitle 3
Marriage property register
Section 1558
Competent registration court
(1) The entries in the marriage property register are to be made at every local court [Amtsgericht] in whose district even only one of the spouses has his habitual residence.
(2) The Land governments are authorised to transfer the competence to keep the register, by statutory order, to one local court [Amtsgericht] for the districts of more than one local court [Amtsgericht]. The Land governments may, by statutory order, transfer the authorisation to the Land justice administration authorities.
Section 1559
Change of habitual residence
If a spouse, after the entry, moves his habitual residence to another district, the entry must be repeated in the register of that district. The earlier entry is deemed to have been repeated if a spouse changes his habitual residence back to the earlier district.
Section 1560
Application for entry
An entry in the register should be made only on application and only to the extent that it is applied for. The application must be in notarially certified form.
Section 1561
Requirements for application
(1) The application of both spouses is necessary for entry; each spouse is obliged to the other to cooperate.
(2) The application of one spouse is sufficient
1. to enter a marriage contract or a change in the marital property regime arrangements of the spouses based on a judicial decision if, together with the application, the marriage contract or the decision, bearing a certificate of finality and non-appealability, is submitted;
2. to repeat an entry in the register of another district if, together with the application, a notarially certified copy of the earlier entry issued after the termination of the previous residence is submitted;
3. to enter the objection to the independent operation of a trade or business by the other spouse and to enter the revocation of the consent, if the spouses live in community of property and the spouse who makes the application manages the marital property alone or jointly with the other spouse;
4. to enter the restriction or exclusion of the entitlement of the other spouse to perform transactions with effect for the applicant (section 1357 (2)).
(3) (repealed)
Section 1562
Public notice
(1) The local court [Amtsgericht] must publish the entry in the newspaper intended for its public notices.
(2) If a change of the matrimonial property regime is entered, the notice must be restricted to the designation of the matrimonial property regime and, where this is defined differently from the statutory provisions, to a general designation of the difference.
Section 1563
Inspection of the register
Every person is permitted to inspect the register. A copy of the entries may be requested; on request, the copy must be certified.
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