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Art. 216
2. By agreement a. In general 1 A different share of the surplus may be agreed by marital agreement. 2 The share of the surplus allocated that exceeds one half shall not be included when calculating the statutory entitlements of the surviving spouse or registered partner, his or her common issue and the issue of those children.242 3 Such an agreement must not adversely affect the right to claim the statutory entitlement held by children who are not the common issue of the spouses or those of the issue of such children.243 242 Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813). 243 Inserted by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813). |