Questão jurídica principal
Whether the Kassationsgericht acted arbitrarily in accepting that the notary's duty to explain the clause indicated awareness of a possible compulsory-share violation.
Decisão extraída
The court held that this was not arbitrary; notarial disclosure could be treated as an experience-based inference and as an admissible indicium.
Fundamentação extraída
Notaries are presumed to fulfil their professional duties, including explaining the legal consequences of the agreement; the notary's explanation could therefore support the inference of awareness without violating the adversarial principle.