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Book 4 · Family law  ›  Title 2 · Legal custodianship › Section 1903

Reservation of consent

(1) To the extent that this is necessary to prevent a substantial danger for the person under custodianship or their assets, the custodianship court orders that the person under custodianship requires consent by the custodian for a declaration of intent that relates to the scope of functions of the custodian (reservation of consent). Sections 108 - 113, 131 (2) and section 210 apply accordingly.

(2) A reservation of consent may not extend

1.  to declarations of intent that are directed at entering into a marriage or creating a life partnership,

2.  to dispositions mortis causa,

3.  to the avoidance of a contract of inheritance,

4.  to the avoidance of a contract of inheritance by contract, and

5.  to declarations of intent for which a person with limited capacity to contract under the provisions of Books 4 and 5 does not need the consent of their legal representative.

(3) Where a reservation of consent is ordered, the custodian nevertheless does not require the consent of their custodian if the declaration of intent merely confers a legal advantage on the person under custodianship. To the extent that the court does not order otherwise, this also applies if the declaration of intent relates to a trivial matter of everyday life.

(4) Section 1901 (5) applies accordingly.

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