Law on the matrimonial property regime of displaced persons and refugees
| Basic data | |
|---|---|
| Title: | Law on the matrimonial property regime of displaced persons and refugees |
| Abbreviation: | VFGüterstandsG; Contract Goods Act |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | International private law , family law |
| References : | 404-17 |
| Issued on: | August 4, 1969 ( Federal Law Gazette 1969 I p. 1067 ) |
| Entry into force on: | 1st October 1969 |
| Last change by: | Article 23 of the law of 23 July 2013 ( Federal Law Gazette 2013 I p. 2586 ) |
| Effective date of the last change: |
1 August 2013 |
| Expiry: | January 29, 2019 Art. 9 G of December 17, 2018 ( Federal Law Gazette I p. 2573, 2582 ) |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The law on the marital property regime of displaced persons and refugees is a German law in the area of family law .
According to Section 1, Paragraph 1, Clause 1 of the VFGüterstandG, the matrimonial property law of the Civil Code applies to spouses who are expellees , refugees from the Soviet zone or ethnic repatriates (Sections 1, 3 and 4 of the Federal Expellees Act ) if both have their habitual residence in the Federal Republic of Germany and after live according to the law of their countries of origin in a statutory property regime.
This means that German law applies independently of the matrimonial property regulation in Art. 15 EGBGB . It is a deliberate breach of Art. 15 EGBGB for the group of people covered by the law and aims to achieve equality with the German population under property law. This applies without differentiation according to type, country of origin and other previous history of the property regime brought with you.
The general rule in German property law is the community of gains ( Section 1363 (1) BGB). At the end of the matrimonial property regime due to the death of a spouse, the VFGüterstandsG will therefore be compensated for in accordance with § 1371 takes place.
See also
Web links
Individual evidence
- ↑ Official justification on BT-Drs. 5/3242 , pp. 4, 6
- ↑ Palandt / Thorn, BGB, appendix to § 15 EGBGB, marginal no. 2; Firsching, FamRZ 1970, 452, 453; Heart DNotZ 1970, 134
- ↑ Firsching, FamRZ 1970, 452, 453 f; Bürgel, NJW 1969, 1838, 1840
- ↑ Düsseldorf Higher Regional Court, decision of March 1, 2011 - Az. I-25 Wx 8/11
