Hereditary interest

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The quit-rent , even Erbleihe or leasehold called in the Middle Ages a right conferred in exchange for regular payments or payments in kind of land, for the use in addition to the annual interest and benefits ( forced labor ) were needed.

The hereditary interest represented a real burden . It was either placed on a piece of land transferred with the right of ownership or linked to a piece of land against the transfer of capital for an unlimited period of time and thus inextricably linked as a real burden and was paid by the respective owner. Goods that were burdened with a hereditary interest were called hereditary interest goods.

The hereditary interest was mainly offered to new settlers of the German colonization in the east , but was also common in Prussia during the time of Frederick II . The BGB no longer knows this facility.

In the German legal ground lease and the Roman emphyteusis the quit-rent called the fixed annual tax of the tenant to the landlord (Erbzinsherr). However, they differed greatly in the type of award and the existing contracts and documents or customary law .

The heir had the full right of use and the free right of sale of the German leasehold goods without the lord's right of first refusal . The latter still has no right to collect the goods due to the failure to pay interest, and no right to remission of the interest due to failure to use the former. As a rule, however, the inheritance could not be pledged without the consent of the heir.

See also

Web links

Individual evidence

  1. Peter CA Schels: Erbleihe Small Encyclopedia of the German Middle Ages, accessed on March 28, 2018
  2. ^ Erbzins Rechtslexikon.net, accessed on December 4, 2016
  3. Horst Förster: Rittergut und Schloss Langenorla Heimatgeschichten from the Orlatal, special edition 3/2000, p. 4 ff .: The register of inheritance and interest from 1658
  4. Kornelia Bannik: Official inauguration of the statue at the old school barn: Hohengrieben celebrates: Old Fritz is watching ... Volksstimme , May 16, 2015
  5. Frank Steinke: The Neumark - The Landsbergische Kreis (after FWA Bratring - Description of the Mark Brandenburg - 1809) Der Brandenburger Landstreicher, 1993