Erbhof (South Tyrol)

The Erbhof award is given to families who have been running the same farm for several generations. Among other things, the award is intended to strengthen rural self-confidence.

Requirements for the award of the hereditary certificate

It must be a closed yard .
The owner must live in and manage the farm himself.
The farm must have been transferred for at least 200 years without interruption within the same family in a straight line or in the sideline to the second degree, by inheritance or by legal transactions between living people.

The award of the designation "Erbhof" takes place by decree of the regional council for agriculture. The official award of the hereditary farm certificate and the handing over of the hereditary farm sign usually take place in the context of district assemblies of the farmers' union.

history

In the Middle Ages in Tyrol, many farming families ran farms that either belonged to the church or to secular landlords. There were also a considerable number of free farmers in Tyrol who worked their farms as family property - without belonging to a landlord. Over the course of time, the dues to the landlords became more and more a burden, which at the beginning of the 16th century also led to the peasant revolts around Michael Gaismair . Archduke Ferdinand I's state ordinances , which were based on the Merano articles written by Michael Gaismair, reorganized property rights, which should be designed without excessive taxes.

In the 17th and 18th centuries, the increasing impoverishment of the population (among other things, mining was abandoned) led to real division. The so-called Theresian patent in 1770 put a stop to the fragmentation of the agricultural property and forced the indivisibility of the agricultural property. The document also stipulated that the farm could in principle only be taken over by an heir who had to pay off the other family members. A division was allowed by the authorities in special cases. By 1787 the youngest son of the family inherited the farm; after that the farm was usually given over to the eldest son.

In 1900 the Tyrolean state parliament regulated the legal relationships of the closed court: The Tyrolean court law of 1900 decreed that the income from a closed court had to be enough for five people. Today this regulation is still in force with the difference that the income must now suffice for four family members.

In South Tyrol, the Tyrolean Farm Law remained in effect until 1929, even after the transition to Italy; then Italian civil law came into force. The consequence was the abolition of the court law.

The new South Tyrolean farm law came into force in 1954. The Gruber-De-Gasperi Agreement and the First Statute of Autonomy that followed in 1948 made it possible to revert to the old law. Essentially, the South Tyrolean Farm Law of 1954 refers to the Tyrolean Farm Law of 1900.

Since 1982 there has been an official recognition of the hereditary farm in South Tyrol regulated by state law (state law of March 26, 1982 No. 10). The term "Erbhof" has existed in North Tyrol since 1931.

literature

Office for rural property (ed.), Karl Gudauner (text editor): South Tyrolean hereditary farms . Edition Raetia , Bozen 2013
- Volume 1: People and Stories (main volume ), ISBN 978-88-7283-469-5 .
- Volume 2: Register , ISBN 978-88-7283-443-5 (with a list of all hereditary farms in South Tyrol, with the official name of the farm, vulgo or older farm name and the succession of ownership).
Paul Rösch (ed.): South Tyrolean hereditary farms. People and stories . Edition Raetia, Bozen 1994, ISBN 88-7283-066-4 .

Individual evidence

↑ Martha Stocker: Securing and recognizing the rural existence . In: Paul Rösch (ed.): Südtiroler Erbhöfe. People and stories . Edition Raetia, Bozen 1994, pp. 49-55, here pp. 52 and 55.
^ Department of Agriculture, Autonomous Province of Bolzano - South Tyrol
↑ Peter Brugger: The development of farming and farm law in South Tyrol . In: Kurt Kayser (ed.): Contributions to the regional studies of South Tyrol. Celebration for the 60th birthday of F. Dörrenhaus . Schmidt, Neustadt an der Aisch, pp. 58–66.
↑ Martha Stocker: From the fascist land acquisition measures to the South Tyrolean farm law . In: Paul Rösch (ed.): Südtiroler Erbhöfe. People and stories . Edition Raetia, Bozen 1994, pp. 43–47, here p. 43.
↑ Martha Stocker: From the fascist land acquisition measures to the South Tyrolean farm law . In: Paul Rösch (ed.): Südtiroler Erbhöfe. People and stories . Edition Raetia, Bozen 1994, pp. 43–47, here p. 46.
↑ Martha Stocker: Securing and recognizing the rural existence . In: Paul Rösch (ed.): Südtiroler Erbhöfe. People and stories . Edition Raetia, Bozen 1994, pp. 49-55, here p. 52.

[1] Martha Stocker: Securing and recognizing the rural existence . In: Paul Rösch (ed.): Südtiroler Erbhöfe. People and stories . Edition Raetia, Bozen 1994, pp. 49-55, here pp. 52 and 55.

[2] Department of Agriculture, Autonomous Province of Bolzano - South Tyrol

[3] Peter Brugger: The development of farming and farm law in South Tyrol . In: Kurt Kayser (ed.): Contributions to the regional studies of South Tyrol. Celebration for the 60th birthday of F. Dörrenhaus . Schmidt, Neustadt an der Aisch, pp. 58–66.

[4] Martha Stocker: From the fascist land acquisition measures to the South Tyrolean farm law . In: Paul Rösch (ed.): Südtiroler Erbhöfe. People and stories . Edition Raetia, Bozen 1994, pp. 43–47, here p. 43.

[5] Martha Stocker: From the fascist land acquisition measures to the South Tyrolean farm law . In: Paul Rösch (ed.): Südtiroler Erbhöfe. People and stories . Edition Raetia, Bozen 1994, pp. 43–47, here p. 46.

[6] Martha Stocker: Securing and recognizing the rural existence . In: Paul Rösch (ed.): Südtiroler Erbhöfe. People and stories . Edition Raetia, Bozen 1994, pp. 49-55, here p. 52.