If the management of the common matrimonial property falls within the scope of functions of a spouse’s custodian, then the custodian is to represent the spouse in the rights and duties which arise from the management of the common matrimonial property. This applies also if the other spouse is appointed as custodian.
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Book 4 · Family law › Subchapter 2 · Management of the common matrimonial property by one spouse › Section 1436
Managing spouse under custodianship
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