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Book 5 · Law of succession  ›  Division 5 · Compulsory share › Section 2329

Claim against the recipient of a gift

(1) To the extent that an heir is not obliged to augment a compulsory share, the person entitled to a compulsory share may, in accordance with the provisions concerning the surrender of unjust enrichment, demand from the recipient of a gift that they surrender it for the purpose of making up the shortfall. If the person entitled to a compulsory share is the sole heir, they have the same right.

(2) The recipient may avoid the return of the gift through the payment of the shortfall.

(3) Among more than one recipient of gifts, a prior recipient is liable only to the extent that a subsequent recipient is not obliged.

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