[eu]cite

Home› Civil Code & Private Law› BGB (EN)

Book 4 · Family law  ›  Subchapter 5 · Continued community of property › Section 1515

Right of a descendant and of the spouse to assume assets

(1) Each spouse may direct by testamentary disposition, for the eventuality that on their death the continued community of property occurs, that a descendant entitled to a share is to have the right, when the division takes place, to assume the common matrimonial property or individual objects forming part of it in return for compensation of the value.

(2) If a farm is part of the common matrimonial property, it may be directed that as a rule, the farm is to be recognised at the capitalised value of the anticipated yield or at a price that is at least as high as said capitalised value. The provisions of section 2049 governing succession apply.

(3) The right to take over the farm at the value or price set out in subsection (2) also may be granted to the surviving spouse.

←→ also move between sections