Abmeierung
The Abmeierung comes from the manorial environment of the medieval agricultural society, primarily in the north-west of Germany ( Westphalia , Lower Saxony ): It means the premature withdrawal of the Meierhof , i.e. the expulsion of the Meier by the landlord .
Development until the 19th century
Originally - in the spirit of the Villication Constitution - an unlimited right of the lord to be able to freely dispose of the management of his property, also in terms of personnel, the authority to Abmeierung became from the end of the 16th century in the context of the early modern territorial consolidation of rule ( territorialization ) increasingly concretized legally. The first evidence of the word "demolition" by the German legal dictionary falls during this time , namely in the Peina statutes of 1597. The Meier regulations of the 17th and 18th centuries then defined more and more precisely the conditions under which the landlord could demolish his landlord : Usually only a delay of several years in the duties owed or serious breaches of duty by the Meier made it possible for the landlord to prevail before the competent court . With the peasants' liberation in the 19th century, i.e. the end of manorial rule, Abmeierung also became obsolete.
20th century
The term was revived in the time of National Socialism : According to the Reichserbhofgesetz of September 29, 1933 , an hereditary farm farmer could lose his ability to become a farmer and be beaten off if he had proven himself incapable of running his farm independently. H. the administration of the court could be withdrawn from him. This also involved the withdrawal of the honorary title “ farmer ”. A distinction was made between the small Abmeierung (only withdrawal of the hereditary farm administration) and the large Abmeierung (withdrawal of hereditary farm property). After the demise, the farm was temporarily placed under state control or handed over to an heir that was “more capable” according to the authorities.
Although the Allied Control Council repealed the National Court Act of the National Socialist legislature with the Control Council Act No. 45 , which came into force on April 24, 1947, it left it at the discretion of the “competent German authorities” to place farms or properties under fiduciary supervision or enforce their compulsory leasing in the event that their management “persistently and to a considerable extent does not meet the requirements to ensure the food supply of the German people” (Art. VII).
With the Real Estate Transfer Act of July 28, 1961, this regulation is obsolete.
Condominium
Today, Abmeierung usually refers to the "withdrawal of home ownership" regulated in the Condominium Act ( Section 18 WEG).
Accordingly, a community of apartment owners can demand the sale of their property from another apartment owner if he is guilty of such a serious breach of his obligations towards the community that the other apartment owners can no longer be expected to continue the community.
swell
- German legal dictionary sv abmieren und abmeierung .
- Reichserbhofgesetz of September 29, 1933 .
- Control Council Act No. 45 .
literature
- Ina Ebert: Art. Demolition . In: Albrecht Cordes , Heiner Lück , Dieter Werkmüller , Ruth Schmidt-Wiegand (Eds.), Concise Dictionary of German Legal History , 2nd, completely revised and expanded edition, Volume I, Erich Schmidt Verlag, Berlin 2008, Sp. 1451–1452. ISBN 978-3-503-07912-4 .
- Cornelia Schmitz-Berning: Art. Abmieren, Abmeierung , in: Vokabular des Nationalozialismus , 2., durchges. and revised Edition, de Gruyter, Berlin, New York 2007, pp. 1–2. ISBN 978-3-11-019549-1 .
See also
Individual evidence
- ↑ The town of Peina Statuta your police matters pertaining to, approved by the council, four men, office and guilds sampt of the entire citizenry and accepted in Anno Dni 1597 . Peine 1597
- ↑ Abmeierung . In: Meyers Konversations-Lexikon . 4th edition. Volume 1, Verlag des Bibliographisches Institut, Leipzig / Vienna 1885–1892, p. 48.
