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Book 4 · Family law  ›  Subchapter 5 · Continued community of property › Section 1483

Occurrence of continued community of property

(1) The spouses may agree by marriage contract that the community of property, after the death of a spouse, is continued between the surviving spouse and the descendants of the spouses. If the spouses make such an agreement, the community of property is continued with the descendants of the spouses who are heirs in the case of intestate succession. The share of the deceased spouse in the common matrimonial property is not part of the estate; in all other cases, the succession of the deceased spouse takes place under the general provisions of law.

(2) Where, in addition to the descendants of the spouses, there are other descendants, their rights of succession and their shares of the inheritance are determined as if there had been no continued community of property.

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