Federal Law on Peasant Land Law

from Wikipedia, the free encyclopedia
Basic data
Title: Federal Law on Peasant Land Law
Abbreviation: BGBB
Type: Federal law
Scope: Switzerland
Legal matter: Private law
Systematic
legal collection (SR) :		 211.412.11
Original version from: 4th October 1991
Entry into force on: January 1, 1994
Effective date of the
last change:		 September 1, 2008
Please note the note on the applicable legal version.

The Federal Law on Rural Land Law ( BGBB ) “regulates legal traffic with agricultural land. It contains provisions on who is allowed to acquire agricultural trades and land under what conditions; it limits their pledging, division and dismemberment ”.

History and character

history

Before the introduction of the BGBB, the norms relating to peasant land law were divided into various laws : the Civil Code (ZGB; SR 210), the Code of Obligations (OR; SR 220), the federal law of June 12, 1951 on the maintenance of the agricultural property (EGG; SR 211.412.11), the federal law of December 12, 1940 on the debt relief of agricultural homes (debt relief law, LEG; SR 211.412.12), the federal law of October 3, 1951 on the promotion of agriculture and the conservation of Farmers' class (LwG, SR 910.1) as well as the ordinances on the debt relief of agricultural homes (SR 211.412.120) and the prevention of over-indebtedness of agricultural properties (SR 211.412.121). This list already makes it clear that the situation at that time was extremely confusing and unsatisfactory. With the enactment of the BGBB, this deficiency was remedied and the standards relating to peasant land law were summarized in one law.

purpose

Art. 1 para. 1 of the BGBB defines in its lit. 1-3 as program articles the purpose of the law:

  1. to promote rural property and, in particular, to maintain family businesses as the basis of a healthy farming class and efficient agriculture geared towards sustainable land management and to improve their structure;
  2. to strengthen the position of the self-cultivator, including that of the lessee, in the acquisition of agricultural businesses and land;
  3. Combat translated prices for agricultural land.

In accordance with the purpose of the BGBB, it is a rather protectionist law. In this respect, it is an embodiment of Art. 104 BV ("[N] if necessary, in deviation from the principle of economic freedom, the federal government promotes land-cultivating farms"). But the legislature has also made it clear that protectionist goals are pursued with the law: "In the foreground of the structural policy measures [which are to be achieved with the BGBB] is the possibility of intervening against the piecewise sale of trades worthy of preservation". "All those are excluded from the land market who seek to acquire agricultural businesses and land primarily as capital investments or as speculative objects".

Entanglement with other laws

The BGBB is closely interwoven with the Federal Act of June 22, 1979 on Spatial Planning (Spatial Planning Act, RPG). This defines how the available land is to be used and that the land is divided into different zones . These provide information about its possible uses and allow or prohibit certain uses. For example, building, agricultural and protection zones are defined in advance in so-called usage plans (Art. 14 para. 2 RPG).

Systematic structure

  1. Title: General Provisions
    1. Chapter: Purpose, subject matter and scope
    2. Chapter: Terms
  2. Title: Restrictions under private law on traffic in agricultural industries and land
    1. Chapter: Distribution of inheritance
    2. Chapter: Cancellation of contractually established joint ownership
    3. Chapter: Sale agreements
  3. Title: Public Law Restrictions on Traffic in Agricultural Industries and Land
    1. Chapter: Real division of agricultural trades and fragmentation of agricultural land
    2. Chapter: Acquisition of Agricultural Industries and Land
    3. Chapter: Consequences under civil and administrative law
  4. Title: Measures to prevent over-indebtedness
  5. Title: Procedure, Legal Protection
    1. Chapter: Rules of Procedure
    2. Chapter: Legal Protection
  6. Title: Final Provisions
    1. Chapter: Execution
    2. Chapter: Amendment and repeal of federal law
    3. Chapter: Transitional Law
    4. Chapter: Referendum and Entry into Force

General principles

The law achieves the desired protection of Swiss agriculture through several definitions. The law determines what an agricultural property is and that so-called agricultural trades exist, which also fall under the scope of the BGBB. Both are in turn protected by the prohibition of fragmentation and real division .

Agricultural property

- Agriculture is a property within the meaning of BGBB when it actually (1 Article 6 BGBB..) - is used for agriculture can . However, the BGBB is only applicable to this agricultural property if the agricultural use is also legally permissible and it is not located in the building zone . Art. 2 Para. 2 BGBB defines further elements that can also be subject to the BGBB.

Agricultural industry

If several agricultural plots come together for one owner (and also long-term tenant) and the sum reaches a certain size, an agricultural trade is present. This sum is reached if a standard worker (SAK) is required to work the area (Art. 7 Para. 1 BGBB). However, since the local conditions must also be taken into account (Art. 7 Para. 4 lit. a BGBB), different areas of size have emerged in the individual areas from which an agricultural trade is assumed. This is due to the different agriculture depending on the area (a vegetable farmer, for example, needs more land than a cattle farmer), but also to the areas themselves (e.g. Zealand or Alp ).

Dismemberment ban

The dismemberment prohibition forbids separating parts of agricultural land that are smaller than 25 ares (or 15 ares for vineyards) (Art. 58 (2) BGBB). This limit can be raised cantonally . This competence is used regularly. The limit in the canton of Bern is 36 ares (the national limit applies to vineyards).

Prohibition of real division

Whole agricultural properties may not be sold if they belong to an agricultural trade (Art. 58 Para. 1 BGBB).

Since these rules, if strictly followed, would be far too narrow and therefore not appropriate, they are broken by a series of exceptions. These are set out in Art. 59 f. BGBB regulated and extremely extensive. On the other hand, the potential purchaser of the land must in turn have a permit to acquire agricultural land or business (Art. 61 ff. BGBB).

Individual evidence

  1. ^ Message on the Federal Law on Peasant Land Law (BBl 88.066, p. 955).
  2. ↑ See Message on the Federal Law on Peasant Land Law (BBl 88.066, p. 958 f.).
  3. ^ Message on the Federal Act on Peasant Land Law (BBl 88.066, p. 968).
  4. ^ Message on the Federal Law on Peasant Land Law (BBl 88.066, p. 970).

literature

  • Secretariat of the Swiss Farmers' Association (ed.): The peasant land law . Commentary on the Federal Act on Peasant Land Law of October 4, 1991. Brugg 1995.
  • Hanspeter Späti: Guide to the Federal Act on Peasant Land Law [BGBB] of October 4, 1991 . Brugg 1993.
  • Michael Müller: Peasant land and lease law . In: Markus Müller / Reto Feller (ed.): Bernese administrative law . Stämpfli, Bern 2008, ISBN 978-3-7272-9819-6 , p. 733 ff .

Web links