CPC Art. 281 - Failure to agree on an equitable division of pensions ⁽¹⁾

Einleitung zur Rechtsnorm CPC:

Art. 281 CPC from 2023

Art. 281 Failure to agree on an equitable division of pensions ⁽¹⁾

¹ In the absence of an agreement, and if the relevant entitlements and pensions have been determined, the court shall decide on the apportionment of the shares according to the provisions of the CC ⁽²⁾ and the Vested Benefits Act of 17 December 1993 ⁽³⁾ (VBA) (Art. 122 and 123 CC in conjunction with Art. 22–22f VBA), determine the amount to be transferred and set a deadline for the pension funds concerned to confirm the practicability of the planned arrangement. ⁽¹⁾

² Article 280 paragraph 2 applies by analogy.

³ In other cases in which no agreement is reached, after the final decision on the apportionment of the shares, the court shall refer the matter to the competent court under the VBA, advising it in particular of: ⁽¹⁾