(1) The spouse entitled to equalisation may demand from a third party compensation for the value of a gratuitous disposition of the spouse obliged to perform equalisation to the third party if
1. the spouse obliged to perform equalisation has made the gratuitous disposition to the third party intending to place the spouse entitled to equalisation at a disadvantage, and
2. the amount of the equalisation claim exceeds the value of the assets, after deduction of the obligations on ending of the property regime, available to the spouse obliged to perform equalisation.
The compensation for the value of the benefit obtained is effected in accordance with the provisions on the surrender of unjust enrichment. The third party may avoid payment by surrendering the benefit obtained. The spouse obliged to perform equalisation and the third party are liable as joint and several debtors.
(2) The same applies to other legal transactions if the intention to place the spouse at a disadvantage was known to the third party.
(3) The limitation period of the claim commences upon the property regime ending. If the property regime ends by reason of a spouse’s death, the limitation is not suspended as a result of the fact that the claim cannot be asserted until the spouse has disclaimed the inheritance or a legacy.
(4) (repealed)