Track unit

Ordinance on the application of state regulations on railway units of January 7, 1935

The legal term railway unit describes a railway that does not form an independent legal personality.

Historical meaning

A definition can be found, for example, in the Württemberg law, which is no longer valid , regarding the railway units of March 23, 1906. Article 1 of this law reads: “A railway that serves public transport and whose entrepreneur is obliged for the duration of the permit granted to it operating the company forms a unit with the assets dedicated to the railway company (railway unit). "

Such a railway unit can also be entered in a land register and used as collateral .

Although most of the German railways were merged into the Deutsche Reichsbahn with the entry into force of the State Treaty of March 31, 1920 (announced in the RGBl. Page 774) , the institute of the railway unit is still of minor importance for non-federal railways . Art. 112 EGBGB declares the relevant national regulations to be applicable. “The Prussian Railway Units Act of August 19, 1895 is still in force in Berlin ( GVBl . Sb I 903-3), Hesse (GVBl. II 62-6) and was implemented in North Rhine-Westphalia (SGV NW 93) by the law and ordinance sheet , Edition 2010 No. 3 of February 8, 2010 pages 29 to 74 replaced. For Baden-Württemberg, Section 35 (3) sentence 2 LFGG of February 12, 1975 ( RGBl . P. 116) and Section 9 of the GBVO of May 21, 1975 (RGBl. P. 398) must be observed. "

Individual evidence

1. ↑ Law and Ordinance Gazette (GV. NRW.) Edition 2010 No. 3 of February 8, 2010, pages 29 to 74. Accessed on July 31, 2011 . 
2. ↑ Säcker, in: Munich Commentary on the BGB, 5th edition 2010, Art. 112 EGBGB marg. 1-3