Heritable building right law
| Basic data | |
|---|---|
| Title: | Law on the heritable building right |
| Short title: | Heritable building right law |
| Previous title: | Ordinance on the heritable building right |
| Abbreviation: | ErbbauRG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | civil right |
| References : | 403-6 |
| Issued on: | January 15, 1919 ( RGBl. P. 72, ber.p. 112) |
| Entry into force on: | January 22, 1919 |
| Last change by: |
Art. 4 para. 7 G of October 1, 2013 ( Federal Law Gazette I p. 3719, 3726 ) |
| Effective date of the last change: |
October 9, 2013 (Art. 7 sentence 1 G of October 1, 2013) |
| GESTA : | C150 |
| Please note the note on the applicable legal version. | |
The Heritable Building Rights Act ( ErbbauRG ) regulates the heritable building right in Germany , unless the regulations on the heritable building right for so-called old cases in the German Civil Code (BGB) are applicable. The heritable building right is largely pre-constitutional law .
Other than it "ground leases the former name prescription " (ErbbauVO) suggested, did not constitute a legal ordinance . Rather, the ErbbauVO was enacted as an ordinance of the then Council of People's Representatives "with the force of law" (but actually with the status of law) and replaced §§ 1012-1017 BGB. According to Art. 123 (1) GG , it continues to apply, as it does not contradict the Basic Law (in terms of content). The aim of the law was to promote housing construction and combat land speculation .
The ErbbauVO became federal law in accordance with Art. 125 No. 1 of the Basic Law and (since it was enacted “with the force of law” according to the constitution at that time) the rank of a (formal) parliamentary law . This is already clear from the fact that the ErbbauVO is always changed by law, but never by ordinance (such as the StVO ). With the amendment of the law dated November 23, 2007, the legislature changed the title to “ Heritable Building Rights Act ” for clarification purposes .
Important regulations
§ 5 ErbbauRG: As content of the heritable building right, it can be agreed that the owner of the property encumbered with the heritablebuilding right must consent to a sale and / or encumbrance of the heritable building right.
Section 9 (3) No. 1 ErbbauRG ( foreclosure- safe ground rent ): It can be agreed that thereal burden (the ground rent) remains in place if the property owner takes from the real burden or the owner of a right in rem that precedes or equals the foreclosure sale of the leasehold operates.
§ § 18 to § 20 ErbbauRG regulate the ward mortgage .
See also: Evaluation of heritable building rights
literature
- Palandt -Bassenge: Civil Code. Commentary on the BGB with subsidiary laws , here: Commentary on ErbbauRG, 70th edition, Munich 2011, ISBN 978-3-406-61000-4
