Land register regulations
| Basic data | |
|---|---|
| Title: | Land register regulations |
| Abbreviation: | GBO |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Voluntary Jurisdiction Law , Land Register Law |
| References : | 315-11 |
| Original version from: | March 24, 1897 ( RGBl. P. 139) |
| Entry into force on: | predominantly January 1, 1900 |
| Last revision from: | May 26, 1994 ( BGBl. I p. 1114 ) |
| Last change by: |
Art. 11 G of December 12, 2019 ( Federal Law Gazette I p. 2602, 2627 ) |
| Effective date of the last change: |
January 1, 2020 (Art. 20 G of December 12, 2019) |
| GESTA : | D039 |
| Please note the note on the applicable legal version. | |
The Land Register Ordinance (official abbreviation: GBO ) is a German law of land register law which, together with the land register decree (GBV), regulates the procedure for entries in the land register as a formal right .
The land registers are kept by the local courts and there by the land registry offices ( Section 1 Paragraph 1 Sentence 1 GBO). According to § 1 FamFG, land register matters belong to the matters of voluntary jurisdiction and are assigned to the judicial officer ( § 3 No. 1 lit. h RPflG ).
Section 3 (2) GBO regulates that not all properties in Germany have to be recorded in the land register . According to this, the properties of the federal government , the federal states , the municipalities and other municipal associations , the churches , monasteries and schools , the watercourses , the public roads , as well as the properties which are dedicated to a railway company serving public transport, receive a land register sheet only at the request of the Owner or authorized person; they are therefore registrable.
The regulatory content of the GBO is referred to as formal real estate law , as this includes formal requirements for legal acts to be carried out , such as B. Entries and deletions are to be observed.
The material property law is regulated in the German Civil Code (BGB).
literature
- Johann Demharter : GBO. Land register regulations with the text of the land register order and other regulations. 28th edition. CH Beck, Munich 2012, ISBN 978-3-406-62409-4 .
- Stefan Hügel (Ed.): Land Register Regulations. Comment. 2nd Edition. CH Beck, Munich 2010, ISBN 978-3-406-60451-5 (also listed as Beck'scher online commentary - there as of Edition 8 from January 1, 2010).
- Joachim Kuntze, Rudolf Ertl, Hans Herrmann, Dieter Eickmann (first): Land register law. Commentary on the land register regulations and land register ruling including condominium land register ruling. 6th edition. De Gruyter, Berlin / New York 2006, ISBN 978-3-89949-092-3 .
- Harald Wilsch: The land register regulation for beginners. 1st edition. CH Beck, Munich 2011, ISBN 978-3-406-60446-1 .
Web links
- Legal sources
