Agricultural Law (Germany)

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The Agricultural Law is a legal cross-sectional area , which on the Law of Agriculture goes and also the regulations of Forestry , the inland fisheries and hunting covers. The constitutional assembly of the German Federal Bar Association decided to introduce a specialist lawyer for agricultural law .

term

The use of the term agricultural law in the current sense has only developed in Germany since 1928, when a lecture with this title was held for the first time at the University of Berlin. Until the 18th century people spoke of peasant law . In the 19th century, agricultural law was understood to mean legislation in the course of the liberation of the peasants , while the term agricultural law was used for the special legal provisions in land, labor and lease law .

From 1933 by the Nazis , the term agricultural law by the ideological notion of farmers and land law replaced.

After 1945, the majority of the term agricultural law was used again . In the meantime, agricultural law has established itself as a term and adapted to European language usage, e.g. B. agricultural law, diritto agrario, droit agraire. The term agricultural law is also used in Switzerland and Austria .

Areas of law

The most important civil law areas of agricultural law are the agricultural special inheritance law, in northern Germany by the farm code, otherwise regulated for estates in § 2049 BGB, as well as the property traffic and lease law . With the agricultural courts , special departments have been set up at the courts for these areas of law. There are also special regulations for agriculture in the field of public law, e.g. Land consolidation procedures , privileges for building outdoors , but also agricultural subsidies. Also to be mentioned are the animal disease and animal welfare law , the seed trade law and agri-environmental law . Finally, in Germany and Austria there is also a special social law for members of the agricultural professions with the so-called agricultural social law.

European law

Article 38 (1) sentence 1 TFEU ​​also applies to agriculture and the trade in agricultural products ; the most important goals of European agricultural policy aresummarizedin Article 39 TFEU: increasing productivity , securing supplies ( security of supply ), stabilizing agricultural markets and ensuring a reasonable standard of living of the agricultural population.

Accordingly, in the Federal Republic of Germany and the Republic of Austria, the regulations of public agricultural law are dominated by European law.

literature

  • Christian Grimm , Agricultural Law , 3rd edition, Munich 2010, Verlag CH Beck , ISBN 978-3-406-59146-4
  • Härtel, Ines (Ed.), Handbook of the specialist lawyer for agricultural law , 1st edition, Cologne 2012, Verlag Luchterhand Wolters Kluwer, ISBN 978-3-472-08011-4
  • Härtel, Ines, fertilization in agricultural and environmental law. EC law, German, Dutch and Flemish law , publications on environmental law (SUR), ed. by Michael Kloepfer, Vol. 117, Berlin 2002, Duncker & Humblot Publishing, ISBN = 978-3-428-10669-1
  • Kroeschell, German Agricultural Law, 1983
  • Munich Lawyers Handbook: Agricultural Law , 1st Edition, Munich 2011, Verlag CH Beck, ISBN 978-3-406-60207-8

Web links

Individual evidence

  1. Constantin Körner: Niche specialist lawyer for agricultural law: "Potential certainly not yet exhausted" Legal Tribune Online , July 30, 2013
  2. Klässel, Das Deutsche Agrarrecht und seine Reform, 1947, p. 5.
  3. Agricultural Law - Overview of Regulations Anwalt.org, accessed on November 5, 2019