Court rules
| Basic data | |
|---|---|
| Title: | Court rules |
| Previous title: | Annex B of Ordinance No. 84 - Hereditary Courts - |
| Abbreviation: | HofeO |
| Type: | Federal law |
| Scope: | HBG , NDS , NRW , SH |
| Legal matter: |
Inheritance law , agricultural land law |
| References : | 7811-6 |
| Original version from: | April 24, 1947 ( OJ MR BritZ No. 18 p. 505) |
| Entry into force on: | April 24, 1947 |
| New announcement from: | July 26, 1976 ( Federal Law Gazette I, p. 1933 ) |
| Last change by: |
Art. 24 G of November 20, 2015 ( Federal Law Gazette I p. 2010, 2014 ) |
| Effective date of the last change: |
November 26, 2015 (Art. 33 G of November 20, 2015) |
| GESTA : | C041 |
| Please note the note on the applicable legal version. | |
The farm code is a federal law relating to the inheritance regulation of a farm , which historically goes back to the inheritance regulations of the Saxons , according to which the family owned farm had to go undivided to the oldest male heir ( inheritance law ). This right of inheritance was fundamentally different from the real division practiced in southern Germany .
history
Historically, the farmsteads that are subject to the farm rules have had a minimum size that should allow a family to earn their living from the farm. The court rules stipulate compensation rates for heirs who withdraw.
Historically, the farm rules meant that on the one hand agriculture in northern Germany was more productive for centuries than in southern Germany, on the other hand many second- or third-born sons from farming families had to work as servants or seek their fortune abroad. Conversely, the sometimes extreme parceling of the agricultural land forced many residents of southern Germany to look for opportunities to gain income in addition to agriculture, so that in the 18th and 19th centuries there was a large number of employable people for the developing industrialization.
The originally fragmented court law was standardized in 1933 by the Reichserbhofgesetz . With the Control Council Act No. 45 of 1947, the Reichserbhofgesetz was repealed and the original legal situation was restored. In the same year, the British military government issued Ordinance No. 84, the court order as a uniform occupation law in the British zone . With the new version of 1976, the court regulations were completely incorporated into the corpus of constitutional federal law .
Today's regulation
The court rules apply today in Hamburg , Lower Saxony , North Rhine-Westphalia and Schleswig-Holstein . In Baden-Wuerttemberg , Bremen , Hesse and Rhineland-Palatinate there are court heir regulations under state law. There are no special regulations under court law in Saarland , Berlin and the new federal states (now with the exception of Brandenburg ) and in Bavaria , where a custom in the form of a lifelong handover is widespread.
On June 12, 2019, the state parliament of Brandenburg passed the law on the court order for the state of Brandenburg (BbgHöfeOG), which is based on the court order. Court law, as part of civil law, is the subject of competing federal legislation . According to Art. 64 Para. 1 EGBGB in conjunction with Art. 1 Para. 2 EGBGB, state law regulations on the right to inheritance with regard to agricultural land and its accessories can also be enacted by the state legislature.
From a legal point of view, a farm is subject to the farm code if the agricultural property is in one of the federal states concerned, has a farm suitable for cultivation, and has a minimum economic value specified in the farm code. In certain cases, a declaration from the owner that his farm is a farm in the sense of the farm rules and the entry of the farm note in the land register is required. Deviating from the farm rules is now possible without any problems, but it requires that the corresponding land register entry is deleted by the owner before the inheritance occurs. It is true that a retrospective determination procedure according to § 11 of the court procedure regulations is also possible after the inheritance, which can then result in the fact that the property had already expired at the time of the inheritance; However, due to the large number of people involved, this procedure leads to a long procedure and, in individual cases, to uncertainty as to how the result will turn out.
According to Section 12, Paragraph 1 of the Court Regulations, the severance payment for the co-heirs is to be paid in cash, in the amount of one and a half times the most recently determined unit value , which, however, can be deviated from at reasonable discretion.
literature
- Tim Kannewurf: The farm rules of April 24, 1947. History of origin and classification in the development of inheritance law. (= Legal History Series. Vol. 296). Peter Lang, Frankfurt am Main et al. 2004, ISBN 3-631-52516-8 (also: Bielefeld, University, dissertation, 2004).
- Rudolf Lange, Hans Wulff, Christian Lüdtke-Handjery, Elke Lüdtke-Handjery: Farm rules for the states of Hamburg, Lower Saxony, North Rhine-Westphalia and Schleswig-Holstein. Comment. = HöfeO. 10th, revised edition. CH Beck, Munich 2001, ISBN 3-406-47161-7 .
- Christoph Mönig: Agricultural special inheritance law in the light of constitutional law and legal policy. An investigation with special consideration of the legal position of the deviating heirs. (= Writings of the Bucerius Law School. Vol. 2, 11). Carl Heymanns Verlag, Cologne 2008, ISBN 978-3-452-26901-0 (also: Hamburg, Bucerius Law School, dissertation, 2008).
- Wilhelm Steffen, Johannes Ernst: Court rules with court procedure rules. Standard comment. (= Collection of comments on agricultural laws. Vol. 11, 3). 3. Edition. Agricola-Verlag, Butjadingen-Stollhamm 2010, ISBN 978-3-920009-06-3 .
- Heinz Wöhrmann: The agricultural inheritance law. Commentary on the farm rules, the BGB land estate inheritance law and the GrdstVerkehrsG allocation procedure. 9th edition. Luchterhand, Cologne 2008, ISBN 978-3-472-06971-3 .
See also
Individual evidence
- ↑ Adoption of resolution recommendation and report Drs. 6/8941 (adopted unanimously, no abstentions) with the result that law passed, 80th session of the state parliament on June 12, 2019 (PlPr 6/80, 2nd reading).
- ↑ http://dejure.org/dienste/vernetzung/rechtsprechung?Gericht=BGH&Datum=17.11.2000&Aktenzeichen=V%20ZR%20334/99
