(1) An annulment of the marriage is excluded
1. in the case of a violation of section 1303 sentence 1 if
a) the minor spouse, after having attained full age, has indicated that they intend to continue the marriage (confirmation), or if,
b) due to exceptional circumstances, the annulment of the marriage would constitute such grave hardship for the minor spouse that, as an exception, the continuance of the marriage seems to be mandated;
2. in the case of a breach of section 1304, if the spouse, after the incapacity to contract ends, has indicated that they intend to continue the marriage (confirmation);
3. in the case governed by section 1314 (2) no. 1, if the spouse, after the unconsciousness or the mental disturbance ends, has indicated that they intend to continue the marriage (confirmation);
4. in the cases governed by section 1314 (2) nos. 2 to 4, if the spouse, after discovery of the mistake or the deceit or after the duress has ended, has indicated that they intend to continue the marriage (confirmation);
5. in the cases governed by section 1314 (2) no. 5, if the spouses, after the marriage, lived together as spouses.
The confirmation of a person who is incapable of contracting is ineffective.
(2) An annulment of the marriage is further excluded
1. in the case of a violation of section 1306, if, before the new marriage is concluded, the dissolution by divorce or the annulment of the former marriage or the annulment of the life partnership is pronounced and this pronouncement becomes final and binding after the new marriage was concluded;
2. in the case of a breach of section 1311, if the spouses, after concluding the marriage, lived together as spouses for five years, or, if one of them died earlier, until the death of that spouse, but for a minimum of three years, unless a petition for annulment had been made when the five year comes to an end or at the time of the death.