Continued community of property
The continued community of property is a special form of the marital property regime of the community of property . It still exists today mainly in southern Germany among older farming couples. However, it could experience a renaissance as a rediscovered "royal road" to avoid the compulsory portion claims. The continued community of property used to be the legal norm of community of property. From July 1, 1958, this rule-exception relationship was reversed: if "community of property" has been agreed since then, the general community of property is deemed to have been agreed; however, the continued community of property must now be expressly agreed as such in the marriage contract .
With the continued community of property, the community of property is continued by the surviving spouse with the common descendants after the death of the first spouse. The children replace the spouse who died first within the community of property. Although they receive their shares as joint property, the surviving spouse has the right to manage the joint property (so-called "widow's rule", since the wife usually outlives the husband).
The continued community of property is regulated in Sections 1483 to 1518 BGB . It is the only property regime in which the children of the spouse who died first can not claim a compulsory portion with regard to the common property . However, there is a claim to a supplement to the compulsory portion , although this can only be asserted after the death of the survivor, even if it relates to gifts from the spouse who died first. If the surviving spouse also dies, the continued community of property is ended and liquidated. The descendants who are entitled to a share and the heirs of the surviving spouse are involved in this process. All those involved form a whole dispute that lasts until the dispute.
literature
- Gerhard Ruby : Agricultural special inheritance , in grudge (ed.). Practical Guide to Inheritance Law . 4. On. O. Schmidt Verlag, Cologne 2015, ISBN 978-3-504-18062-1 , pp. 828-912.
Web links
Individual evidence
- ↑ Archived copy ( memento of the original dated December 1, 2017 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
