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OLG Düsseldorf, decision of November 21, 2018 - 5 UF 1/18 -, juris

Author's guiding principle: If the spouse dies during the divorce proceedings, the maintenance claim under § 1933 of the Civil Code is by its nature a claim for compensation of inheritance and not an original maintenance claim.

In these proceedings, we represented the heir of the plaintiff's spouse who died during the pending divorce proceedings.

Prior to the death of her spouse, the plaintiff applied for payment of post-marital maintenance from the date of divorce in the pending divorce proceedings and, after his death (at the end of 2011), declared to continue the matter as an independent family case against our client as heir.

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