estate
Estate is a legal term that is applied in the Civil Code to certain agricultural operations and is particularly important for the inheritance-based privileges of agricultural property in the area of inheritance law .
An estate within the meaning of the German Civil Code can be inherited at the earning value according to Section 2049 . As accessories belong to such an estate according to § 97 in connection with § 98 number 2 BGB “the equipment and livestock intended for the commercial enterprise, the agricultural products, insofar as they are necessary for the continuation of the economy up to the time when the same or similar products are likely to be obtained, as well as the existing fertilizer obtained on the estate. "According to the specific case law of the Federal Court of Justice , an estate is an" possession "," which embodies an economic unit suitable and specific for independent operation of agriculture including cattle breeding or forestry ". This also includes the “necessary residential and farm buildings ”, i.e. a yard . The estate has its owner an "independent source of food" offer, which does not completely feed him must ( farm food ) so far only, commercial farms , but also part-time farms can be privileged as estate if the other conditions are met. The farm rules take precedence over the subsidiary inheritance law of the BGB for the farms that fall under it .
Web links
credentials
- Otto Wöhrmann , Hans A. Stöcker, Heinz Wöhrmann: The agricultural inheritance law. 7th edition. Luchterhand, Munich 1999.
- ^ BGH judgment of the 4th civil senate of March 11, 1992
