(1) A person under custodianship may enter into a marriage contract only with the approval of their custodian to the extent that a reservation of consent has been ordered for this matter. The approval by the custodian requires ratification by the custodianship court if the equalisation of the accrued gains is excluded or restricted or if the community of property is agreed or set aside. The custodian may not enter into a marriage contract for a person under custodianship who is capable of contracting.
(2) For a spouse who is incapable of contracting, the custodian enters into the marriage contract; the custodian may not agree on or terminate community of property. The custodian may conclude the marriage contract only based on ratification by the custodianship court.