Old age part
Old part, Ausgedinge ( Austria ) or Austrag ( Bavaria ) are the names of the pension provisions that the previous owner of a farm requires from his heir and successor when the notarized farm handover contract is signed. The discharge is a form of the body thing . Other names are exceptional . The beneficiary is sometimes referred to as a retirement divider or migrant .
Thinges can be deduced from the fact that the elderly divider has figured out certain services. The word discharge comes from the contract negotiations that took place before the farm was handed over. Conflicts of interest and disputes over fees, say in land sales and in kind for the supply were (negotiated) held between the Austragsbauer and his successor. Another explanation is that the contractor is removed from the books (land register) and instead the successor is entered as the new owner (see Auszughaus ).
Usually such regulations concern
- The living space in the Auszughaus - usually only one right of residence in certain parts of the building, in former times also a separate building for rich farms , manors and in certain areas of the country - the term discharge or retirement part in everyday language often only refers to the premises of the host or retirement divider.
- care for illness and age-related illnesses
- the food supply
- the supply of clothes
- possibly a "pocket money"
- the supply of heat (stove, heating material, or earlier a "heat hole" in the floor of a room above the heated main room).
If a personal property contract (breeding, retirement or moving out contract) is associated with the transfer of a property, the obligations arising from the contract, unless special agreements have been made, apply in addition to the provisions of the Civil Code on annuity in individual countries special provisions in the implementing laws for the German Civil Code, e.g. B. in Baden-Württemberg and Bavaria.
In the last few decades, the agricultural advisory service recommended that in addition to a right of residence secured by the land register, only pocket money should be agreed in handover contracts. In particular, the previously common formulation of care in good and bad days led, in view of the costs of a care home, to a life-threatening situation for the heir. Since 1957 the retirement part has been supplemented by the statutory old-age insurance for farmers , since 1972 also by the statutory health insurance for farmers and since 1995 by the statutory long-term care insurance . As a means of preventing urban sprawl, in some German federal states the bond between the retirement home and the agricultural operation is secured by building loads.
For conversion into a monetary claim for an elderly part according to German law: Is there a real personal property or old-age part contract i. S. v. EGBGB , because the contractual object is an economic entity that at least partially establishes the existence of the transferee, the national legal provisions of the implementing laws for the BGB must be observed.
If the entitled person leaves the property handed over permanently for special reasons (for example because of the need for home care), the transferee obliged under the personal property contract must also pay a cash pension for the exemption from the obligation to grant accommodation, which corresponds to the value of the exemption at reasonable discretion . The real value of the apartment is to be settled, whereby predominantly the realizable net rent of the premises subject to the right of residence is based.
The Federal Court of Justice has issued a statement on the exception according to case law .
- Sample contract for an old-age part from 1936
- Entry in Meyer's Universal Lexicon with the legal sources of the time
- Jeinsen: Senior Citizenship and Social Law ( Memento from October 28, 2003 in the Internet Archive )
- Jurisprudence on social assistance and retirement contracts
- Thoughts. In: aeiou . Retrieved October 6, 2011 .
- Baden-Württemberg Implementation Act for the Civil Code (BaWü AGBGB). Retrieved July 6, 2020 .
- Act for the implementation of the Civil Code and other laws (AGBGB). Retrieved July 6, 2020 .
- BGH, judgment of September 23, 1994, Az. V ZR 113/93, full text ( memento of the original of January 8, 2018 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. = DNotZ 96, 636; BGH, judgment of October 28, 1988, Az.V ZR 60/87, full text ( Memento of the original of January 8, 2018 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. = NJW-RR 89,451.
- Art. 18 S. 1 BayAGBGB; Art. 15, §§ 1 to 10 Prussian Implementation Act to the BGB for Berlin; § 13 Hess.AGBGB; Art. 15, §§ 1 to 10 Prussian Implementation Act to the BGB for North Rhine-Westphalia; § 20 AGJusG for Saarland; § 10 AGBGB Schleswig-Holstein.
- Littig / Mayer, Social welfare regress against heirs and donors 1999, Rn. 264 ff .; Mayer, MittBayNot 2004, p. 181.
- BGH, judgment of February 6, 2009, Az. V ZR 130/08, full text : Supply services in the transfer contract - excluded home care does not lead to the contract being immoral.