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Art. 10749
5. Marital agreement a. In general 1 If the spouses have entered into a marital agreement in accordance with the Civil Code, this marital agreement continues to apply and their entire marital property regime continues to be governed by the previous law, subject to the reservation of the provisions of this Title on separate property, legal effect on third parties and the contractual separation of property. 2 The new regulations on the separation of property apply in future to the spouses' separate property. 3 Agreements on participation in a surplus or deficit in the case of a union of property regime must not adversely affect the right to claim the statutory entitlements of children who are not the common issue of the spouses or those of the issue of such children. 749Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122153Art. 1; BBl 1979 II 1191). |