Agricultural Court

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The Agricultural Court has been a nationwide department of the District Court in Germany since 1953 with exclusive jurisdiction to decide on agricultural matters . The senates for agricultural matters at the Higher Regional Court and the Federal Court of Justice are superordinate . Honorary judges are involved in all of these special arbitration bodies (for the whole of Section 2 LwVfG ).

Forerunners were from 1933 the Inheritance Courts according to the Reichserbhofgesetz , from 1947 the peasant courts in the American, the agricultural courts in the French and the courts for agricultural matters in the British zone.

Jurisdiction

Agricultural matters include proceedings about

  • Land lease agreements according to §§ 585 ff. Of the BGB ( § 1 No. 1 and 1a LwVfG)
  • Notification of and complaints about land lease contracts in accordance with Section 1 No. 1 of the Land Lease Act
  • approving the right commercial disposal of agricultural land according to § § 1 et seq., ff 18th of the plot Traffic Act (§ 1, no. 2 LwVfG)
  • Objections to the right of first refusal under settlement law under Section 10 of the Reich Settlement Act (Section 1 No. 3 LwVfG)
  • the allocation of an agricultural operation according to §§ 13 ff. of the Real Estate Transfer Act (§ 1 No. 2 LwVfG), including compensation for co-heirs
  • the right of inheritance in areas where such exists (Section 1 No. 5 LwVfG); this includes about

In 2009, Baden-Württemberg enacted its own regulations in the Agricultural Structure Improvement Act (ASVG) on the basis of Art. 125a of the Basic Law on property transactions, land leases and rural settlement law; These are also agricultural matters from the agricultural courts ( Section 32 (3 ) ASVG ).

Agricultural courts decide on complaints about hunting leases ( Section 12 (3) sentence 3 BJagdG ) and fishing leases ( Section 51 (2) LwVfG in conjunction with state law) without the involvement of honorary judges .

Agricultural courts also decided in proceedings for the restoration of private agricultural property in East Germany under the Agriculture Adjustment Act ( Section 65 LwAnpG).

organization

Apart from Lower Saxony and Hesse, there is a concentration of jurisdiction on certain local courts according to § 8 LwVfG. Often the local courts are appointed at the seat of the regional courts ; In Saxony and Bavaria the number of agricultural courts is even lower than that of the regional courts.

country Number
of LwG		 Number
of AG
BWBW BW 19th 108
BYBY BY 21st 73
BEBE BE 1 11
BBBB BB 4th 24
HBHB HB 2 3
HHHH HH 2 8th
HEHE HE 41 41
MVMV MV 4th 10
NINI NI 80 80
NWNW NW 59 129
RPRP RP 17th 46
SLSL SL 1 10
SNSN SN 3 25th
STST ST 6th 25th
SHSH SH 21st 22nd
THTH TH 4th 23
total 285 638

(Countries with inheritance law in bold.)

occupation

The Agricultural Court usually has a judge at the district court as chairman and two honorary judges . The honorary judges, also called agricultural judges, are appointed by the President of the Higher Regional Court on the basis of a list of proposals for a period of five years ( Section 3 LwVfG). Only Germans who exercise or have exercised agriculture in the judicial district independently in their main or secondary occupation are included in the list of proposals ( Section 4 LwVfG).

Procedure

The procedure before the agricultural courts is based on the Act on Judicial Proceedings in Agricultural Matters (LwVfG), which refers to the FamFG (until 2009 FGG ) for agricultural matters of voluntary jurisdiction , and to the ZPO for disputed agricultural matters (particularly in the case of land leases) . In Hamburg , Lower Saxony , North Rhine-Westphalia and Schleswig-Holstein , the procedural rules for court matters also apply as partial federal law ( Art. 125 No. 1 GG ).

In the second instance the Higher Regional Court decides , in the third the Federal Court of Justice , each made up of three professional and two honorary judges ( Senate for agricultural matters ). The Cologne Higher Regional Court is also responsible for the district of the Düsseldorf Higher Regional Court, the Zweibrücken Higher Regional Court also for the district of the Koblenz Higher Regional Court .

Web links

Individual evidence

  1. ↑ a b BGH proceedings for voluntary jurisdiction: FOAG ; Disputed agricultural matters : LwZR
  2. ↑ Law on judicial proceedings in agricultural matters (abbreviated to Kirchner LwVfG , but also LwVG ) of July 21, 1953 ( Federal Law Gazette I p. 667 ); Reason: BT-Drs. 01/3819
  3. ↑ see the provisions repealed by Section 60 (2) LwVfG, such as Section 17 of the Bavarian Ordinance No. 127 of May 22, 1947 ( GVBl. P. 180 ), Section 31 of the Baden Implementation Ordinance for the Control Council Act No. 45 of December 11, 1948 ( GVBl. P. 217 ) or the Rules of Procedure for Agricultural Matters (LVO) of December 2, 1947 ( VOBl. BrZ p. 157 )
  4. ↑ see also BGH , judgment of September 27, 1994 (X ARZ 731/94) on the Rhineland-Palatinate farm regulations
  5. ↑ § 4 ZuVOJu of November 20, 1998
  6. ↑ § 46 GZVJu of June 11, 2012
  7. ↑ § 12 ZuwV of May 8, 2008
  8. ↑ § 8 GerZV of September 2, 2014
  9. ↑ § 6 Ordinance on Jurisdiction of Local Courts of December 18, 2018
  10. ^ Ordinance on the revision of the jurisdiction of local courts in agricultural matters of March 22, 2004
  11. ↑ § 2 KonzVO MV of March 28, 1994
  12. ↑ Kreiszeitung : Ministry decides: Agricultural court remains in Syke (August 13, 2018)
  13. ↑ a b Ordinance on the Transfer of Agricultural Matters of August 25, 1977; As agricultural courts only have jurisdiction for their own district, 24 local courts are
  14. ↑ § 5 State Ordinance on Jurisdiction in Civil Matters and Matters of Voluntary Jurisdiction of November 22, 1985; as agricultural courts, only 3 district courts are responsible for their own district (Cochem, Idar-Oberstein, Rockenhausen); see also the list of the responsible agricultural courts (May 2012)
  15. ↑ § 6 Ordinance on jurisdiction in civil disputes, family matters and matters of voluntary jurisdiction of July 15, 1994
  16. ↑ § 19 SächsJOrgVO of March 7, 2016
  17. ↑ Ordinance on the transfer of business in agricultural matters from the districts of several local courts to individual local courts of July 12, 1994
  18. ↑ State ordinance on the concentration of competences in agricultural matters of July 24, 2012; 20 local courts are only responsible for their own district as agricultural courts
  19. ↑ § 4 ThürGerZustVO of November 17, 2011
  20. ↑ Text of the rules of procedure for courts stuff
  21. ↑ § 4 Paragraph 3 No. 2 Letter a GerOrgG (voluntary jurisdiction), § 5 Paragraph 2 State Ordinance on Jurisdiction in Civil Matters and Matters of Voluntary Jurisdiction (Disputed Agricultural Matters )