Division 6 Unworthiness to inherit

Section 2339 Grounds for unworthiness to inherit

(1) A person is unworthy to inherit:

(2) In the cases governed by subsection (1) nos. 3 and 4, unworthiness to inherit does not occur if, before the occurrence of the devolution of the inheritance, the disposition that the testator was induced to make or in respect of which the criminal offence was committed has become ineffective, or the disposition which they were induced to revoke would have become ineffective.

Section 2340 Enforcement of the unworthiness to inherit by avoidance

(1) Unworthiness to inherit is enforced by avoidance of the acquisition of the inheritance.

(2) Avoidance is admissible only after the devolution of the inheritance. Avoidance may be effected as against a reversionary heir as soon as the inheritance has devolved upon the provisional heir.

(3) Avoidance may be effected only within the periods specified in section 2082.

Section 2341 Persons entitled to avoid

Any person is entitled to avoid if they benefit from the cessation of entitlement of a person unworthy to inherit, even if this is only on the cessation of another person.

Section 2342 Action for avoidance

(1) Avoidance is effected by bringing an action for avoidance. The action is to be directed at having the heir declared unworthy to inherit.

(2) The avoidance does not enter into effect until the judgment is final and binding.

Section 2343 Forgiveness

Avoidance is excluded if the testator has forgiven the person unworthy to inherit.

Section 2344 Effect of a declaration of unworthiness to inherit

(1) If an heir is declared unworthy to inherit, the inheritance is deemed not to have devolved upon them.

(2) The inheritance devolves to the person who would be entitled to inherit if the person unworthy to inherit had not been alive at the time of the devolution of the inheritance; the devolution is deemed to have occurred upon the devolution of the inheritance.

Section 2345 Unworthiness to receive a legacy; unworthiness to receive a compulsory share

(1) If a legatee is guilty of one of the examples of misconduct set out in section 2339 (1), then their claim arising under the legacy is voidable. The provisions of sections 2082, 2083, 2339 (2) and sections 2341 and 2343 apply.

(2) The same applies to a claim to a compulsory share, if the person entitled to the compulsory share is guilty of such misconduct.

来源:gesetze-im-internet.de,Bürgerliches Gesetzbuch (BGB),German Civil Code — English translation(Book 5)。逐字收录原文,未作修改。德国法律依《著作权法》§ 5 Abs. 1 UrhG 不受著作权保护。