The husband had written to the employer of the wife and his wife for a transfer to another department asked, because this "an extra-marital relationship has taken with one of their colleagues. According to the Higher Regional Court of Brandenburg, the man forfeited by a maintenance claim after § 1579 No 5 not, but rather took "true legitimate interests."
The agency agreed with the affair, namely, and, ultimately, the marriage was then in the breaks. The less-earning husband now demanded maintenance of his wife. This took the position that the man had forfeited such a constructed but existing maintenance claim, because he denigrated by his letter to her superiors did. His transfer request was associated with the risk of negative impacts on their employment.
OLG Brandenburg (Az 10 UF 132/09 = FamRZ 2011, 226 (LS.)) had a different view: writing imagine no willful disregard of serious property interests of the debtor dar. It was already doubtful that the property interests of the applicant was at all affected. For an office affair is no reason for employers to lower such as the salaries of women. In fact the woman had been summoned only to head meeting, and have had no adverse consequences. The letter was written at a time in which the parties have not yet lived separately. "It is therefore seen as the perception and privilege by the defendant, who tried to save his marriage. An application of § 1579 No 5 scheidet daher aus."
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