Höfe code – Wikipedia

The Mate If a law inheritance of a farm, which historically goes back to the inheritance regulations of the Saxons, is an inheritance regulations of the Saxony inheritance, according to which the family farm, which was in the family, had to go undivided on the oldest male heirs (inheritance right). This inheritance law is fundamentally different from the real division practiced in parts of southern Germany (not in the former Austrian Upper Swabian, where heir right).

The farmsteads subject to the court regulations historically have a minimum size that should allow a family to make a living from the courtyard. The court regulations determine compensation rates for soft heirs.

From a historical point of view, the courtyard regulations mean that on the one hand, agriculture in northern Germany has been more productive for centuries than in southern Germany, on the other hand, many second or third-born sons from farmers’ families or had to seek their luck abroad abroad. Conversely, the sometimes extreme parceling of the agricultural area forced many residents of southern Germany, in addition to agriculture, to look for supply opportunities, so that in the 18th and 19th centuries there was a large number of work -capable people for the developing industrialization.

The originally splintered Höferecht was unified in 1933 by the Reichserbhof Act. With the Control Council Act No. 45 from 1947, the Reichserbhof Act was canceled and the original legal situation was restored. In the same year, the British military government, with Regulation No. 84, issued the court order as uniform occupation in the British zone. With the new version of 1976, the court regulations fully passed into the corpus of post -constitutional federal law.

The court regulations are now valid in Hamburg, Lower Saxony, North Rhine-Westphalia and Schleswig-Holstein. State law court regulations exist in Baden-Württemberg, Bremen, Hesse and Rhineland-Palatinate. There are no special regulations on Höfer -based regulations in Saarland, Berlin and in the new countries (now with the exception of Brandenburg) and in Bavaria, but where a inheritance is widespread in the form of the lifetime handover.

On June 12, 2019, the Brandenburg state parliament decided on the Law on the House Ordinance for the State of Brandenburg (Bbghöfeog), ^[first] that is based on the court regulations. As part of bourgeois law, Höferecht is the subject of the competing legislation of the federal government. After Art. 64 Paragraph 1 EGBGB in connection with Art. 1 Paragraph 2 EGBGB, however, can issue state law regulations on the inheritance law in terms of agricultural land in addition to their accessories.

Legally, a courtyard of the court order is subject to a farm point that is suitable for the management, and has a minimum economy determined in the court regulations. In certain cases, an explanation of the owner is that his farm is a courtyard in the sense of the court order and that the registration of the court emergency is required in the land register. Deviating from the court order is possible without any problems today, but it requires that the corresponding land register entry before the owner of the inheritance is brought to deletion. Even after the inheritance, a retrospective determination procedure according to § 11 of the Höfe procedural regulations is possible, which can then have a result that the court property had already expired at the time of the inheritance; Due to the wide circle of persons to be involved, however, this procedure leads to a long period of procedure and in individual cases to uncertainty how the result will be.

After § twelfth Paragraph 1 of the court order must be paid for the co -heirs in money, in the amount of the one and a half times the last stipulated unit value, which can be deviated from at a cheap discretion. ^[2] There is also § 13 Resettlement claims in cases in which the Hoferbe generates income through sales or from non-agricultural use. ^[3]

• Tim KanneSchwind: The court order of April 24, 1947. History of origin and classification in the development of the heir right. (= Legal historical series. Vol. 296). Peter Lang, Frankfurt am Main u. 2004, ISBN 3-631-52516-8 (at the same time: Bielefeld, University, Dissertation, 2004).
• Rudolf Lange, Hans Wulff, Christian Lüdtke-Handjery, Elke Lüdtke-Handjery: Höfege regulations for the states of Hamburg, Lower Saxony, North Rhine-Westphalia and Schleswig-Holstein. Comment. = HöfeO. 10., revised edition. C. H. Beck, Munich 2001, ISBN 3-406-47161-7.
• Christoph Mönig: Special agricultural law in the light of constitutional law and legal policy. An examination with special consideration of the legal position of the soft heirs. (= Writings of the Bucerius Law School. Vol. 2, 11). Carl Heymanns Verlag, Cologne 2008, ISBN 978-3-452-26901-0 (at the same time: Hamburg, Bucerius Law School, Dissertation, 2008).
• Wilhelm Steffen, Johannes Ernst: Court regulations with court procedural regulations. Standard comment. (= Collection Comments on agricultural laws. Vol. 11, 3). 3. Edition. Agricola-Verlag, Butjadingen-Stollhamm 2010, ISBN 978-3-920009-06-3.
• Heinz Wöhrmann: The agricultural broken law. Commentary on the court order, BGB-Landguterbrecht and the GrdStungsverkehr reference procedure. 9. Edition. Luchterhand, Cologne 2008, ISBN 978-3-472-06971-3.

1. ↑ Acceptance recommendation and report drs. 6/8941 (unanimously accepted, without abstention) adopted law, 80th session of the state parliament of June 12, 2019 (PLPR 6/80, 2nd reading).
2. ↑ BGH, 17.11.2000 – V ZR 334/99 , on dejure.org
3. ↑ Kröger, Rehmann & Partner: Höfe code – severance payment according to § 13. Accessed on March 10, 2022 .