Agriculture thing

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Agricultural matters are the procedures specified in Section 1 of the Law on Judicial Proceedings in Agricultural Matters (LwVG). The term was introduced in the Rules of Procedure for Agricultural Matters of December 2, 1947 (LVO) issued by the Central Justice Office for the British Zone of Occupation and adopted into German law.

In the first instance, the local courts as agricultural courts are exclusively responsible for agricultural matters, in the second instance the higher regional courts and in the third the Federal Court of Justice ( Senate for agricultural matters of the Federal Court of Justice ).

Voluntary jurisdiction matters

Most agricultural matters are matters of voluntary jurisdiction ( Section 23a (2) No. 9 GVG ). The provisions of the FamFG apply mutatis mutandis to the procedures in accordance with Section 1 No. 1 and 2 to 6 LwVfG ( Section 9 LwVfG).

This concerns procedures based on the regulations on:

  • Notifiable land lease contracts according to § 585 BGB in connection with the land lease traffic law with consultation of the agricultural authority (§ 32 LwVfG)
  • the right-business sale, the change or reversal of a pad, the judicial assignment of an operation, and the setting of fines after the plot Traffic Act
  • Objections to the right of first refusal under settlement law of a non-profit settlement company in Section 10 of the Reich Settlement Act
  • the termination of leases and other usage relationships as well as the use of buildings or land (integration measures in agriculture) according to the Federal Expellees Act
  • the right to inheritance including the pension entitlements for farms, farm estates, country estates and inherited estates
  • Matters dealing with the repeal of the previous provisions on perquisites related

Disputed proceedings

Civil legal disputes about land leases such as terminations, the management method or disputes about the rent (general land lease disputes) are essentially decided in accordance with the Code of Civil Procedure (ZPO) (Section 48 LwVfG).

literature

  • Johannes Ernst: Law on the judicial procedure in agricultural matters (LwVG). 8th edition. Agricola-Verlag, Butjadingen 2011, ISBN 978-3-920009-14-8 .
  • Christian Grimm: Agricultural Law. 3. Edition. Verlag CH Beck, Munich 2010, ISBN 978-3-406-59146-4 .
  • Munich Lawyers Handbook: Agricultural Law. 1st edition. Verlag CH Beck, Munich 2011, ISBN 978-3-406-60207-8 .

Web links

Individual evidence

  1. ↑ Law on judicial proceedings in agricultural matters of July 21, 1953, Federal Law Gazette I p. 667
  2. ^ Draft of a law on judicial proceedings in agricultural matters BT-Drs. No. 3819 of October 28, 1952, p. 12
  3. ↑ Law on the notification of and complaints about land lease contracts (Land Lease Traffic Act - LPachtVG) of November 8, 1985, Federal Law Gazette I p. 2075
  4. ↑ of July 28, 1961, Federal Law Gazette I p. 1091
  5. ↑ cf. BGH, decision of April 28, 2017 - FOAG 1/15
  6. ↑ cf. Josef Deuringer: In the name of the people: In lease disputes, the agricultural court decides without a year