Friday, September 10, 2010

Died From Systemic Vasculitis

BGH - Case 08/11/2010, XII ZR 102/09

9th Code of Civil Procedure: Calculation of post-divorce maintenance needs


Civil Code § § 1578 para 1, 3, 1578 b, ZPO § 540

a) Under § 540, para . 1 sentence 1 No. 1 ZPO has an appeals ruling would contain no facts. Necessary but is a reference to the factual findings in the first instance verdict with a description of any changes or additions. This includes the at least reproduce the gist of the appeal proposals.

b) The calculation of the post-divorce maintenance requirements for a quota of available income based on the assumption that all of the available income for the livelihood of the spouses is used. At the lowest income levels, where the assumption is that not all income is consumed for a living, but in part paid by them and the wealth creation, higher needs are specific reasons.

c) For the calculation of the pension and tear from the concrete Barunterhalt dimensioned (in Following the Senate decision of 25 October 2006 - XII ZR 141/04 - FamRZ 2007, 117).

d) As part of the - the trial judge incumbent - Equity consideration for § 1578 b BGB wins a longer duration of marriage through economic interdependence, which occurs especially by cessation of their employment, particularly weight.

> Complete text (Abruf-Nr.: 102 881)

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