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Book 4 · Family law  ›  Subchapter 2 · Management of the common matrimonial property by one spouse › Section 1438

Liability of the common matrimonial property

(1) The common matrimonial property is liable for an obligation arising from a legal transaction that is entered into during the period of community of property only if the spouse who manages the common matrimonial property enters into the legal transaction or if they approve it or if the legal transaction is effective for the common matrimonial property without their approval.

(2) The common matrimonial property is liable for the costs of a legal dispute even if the judgment is not effective in relation to the common matrimonial property.

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