Das Kausalgeschäft des entgeltlichen Pflichtteilsverzichts

The right to a compulsory portion as a legal entitlement to a share in the assets can be waived and replaced by private autonomy by means of a gratuitous waiver of the compulsory portion. This can help to avoid disputes within the family over the distribution of assets in the event of inheritance. The work builds a bridge to matrimonial law and shows that in cases where legal provisions provide for property claims such as a compulsory portion or the equalisation of accrued gains, the parties can replace these claims with a private agreement in the form of an anticipatory family law settlement agreement. It also examines the question of whether § 2310 S. 2 BGB (German Civil Code) also applies to the gratuitous waiver of the compulsory portion.