(1) If the accrued gains of one spouse exceed the accrued gains of the other spouse, then half of the surplus is due to the other spouse as an equalisation claim.
(2) The amount of the equalisation claim is limited by the value of the assets that remain, after deduction of the liabilities, at the end of the property regime. The limitation of the equalisation claim resulting from sentence 1 increases in the cases governed by section 1375 (2) sentence 1 to include the amount to be included in the computation of the final assets.
(3) The equalisation claim arises upon the property regime ending and from this date on, it is inheritable and transferable. An agreement on the equalisation of the accrued gains that the spouses enter into, during proceedings instituted to dissolve the marriage, for the eventuality of the dissolution of the marriage, is to be recorded by a notary; section 127a also applies to an agreement that is recorded in proceedings on family matters before the court hearing the matter. In all other cases, neither spouse may enter into obligation before the end of the property regime to dispose over the equalisation claim.
(4) (repealed)