Law on inheritance law (Erbbaurechtsgesetz-ErbbauRG)

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ErbbauRG

Date of completion: 15.01.1919

Full quote:

" inheritance law in the revised version published in the Bundesgesetzblatt (Part III), outline number 403-6, as recently amended by Article 4 (7) of the Act of 1. October 2013 (BGBl. 3719).

Status:

Last amended by Art. 4 (7) G v. 1.10.2013 I 3719

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 23.1.1974 + + +) 

  

Heading: designation idF d. Art. 25 G v. 23.11.2007 I 2614 mWv 30.11.2007;
Short description Abbreviated to abbreviation. by Art. 25 G v. 23.11.2007 I 2614 mWv 30.11.2007

I.
Concept and content of the inheritance law

1.
Legal Content

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§ 1

(1) A plot of land may be burdened in such a way that the inalienable and hereditary right is entitled to have a structure on or below the surface of the land (hereditary building law) for the benefit of that property. (2) Inheritance law can be extended to a part of the land which is not necessary for the building, provided that the building remains the main economic matter. (3) The restriction of the inheritance law to a part of a building, in particular a floor is inadmissible. (4) The inheritance law cannot be limited by resolving conditions. . The property owner cannot rely on an agreement which requires the heirloger to abandon the right of inheritance in the event of certain conditions and to grant his deletion in the land register.

2.
Contract Content

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§ 2

The content of the inheritance law also includes agreements of the owner of the property and the estate owner via:

1.

the construction, maintenance and use of the structure;

2.

the insurance of the building and its reconstruction in the event of destruction;

3.

the carrying-out of public and private-sector burdens and charges;

4.

an obligation on the holder of the inheritance to transfer the inheritance law to the property owner when certain conditions are met (home case);

5.

an obligation on the holder of the inheritance to pay contractual penalties;

6.

the granting of a right of inheritance for the renewal of the inheritance law after the expiry of the inheritance law;

7.

an obligation on the owner of the property to sell the property to the respective heirlodge.

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§ 3

The property rights of the property owner cannot be separated from the property on the property; the owner can demand that the inheritance law be transferred to a third party to be recorded by him. Unofficial table of contents

§ 4

The right to return home as well as the right to a contractual penalty (§ 2 nos. 4 and 5) shall be statute-barred in six months from the date on which the property owner becomes aware of the existence of the conditions, regardless of the condition Knowledge in two years from the entry of the conditions. Unofficial table of contents

§ 5

(1) As the content of the inheritance law it can also be agreed that the heirlouse entitled to the disposal of the inheritance law requires the approval of the property owner. (2) As the content of the inheritance law it can also be agreed that the Holders of a mortgage, a mortgage, a basic or a pension debt or a reallast of the approval of the property owner are required to apply for a burden on the inheritance law. If such an agreement is reached, a change in the content of the mortgage, basic or pension liability or the residual load, which contains a further burden on the inheritance law, may not be effected without the approval of the property owner. Unofficial table of contents

§ 6

(1) If an agreement has been reached pursuant to § 5, a possession of the inheritance entitled to the right of inheritance and a contract by which he undertakes to make such a disposal shall be ineffective, as long as the property owner is not the (2) The property owner cannot rely on an agreement that an infringement on the part of the property owner against a restriction inherited in accordance with § 5 is intended to give rise to a claim for the right to the home. Unofficial table of contents

§ 7

(1) It should be assumed that the sale (§ 5 (1)) of the purpose pursued by the appointment of the inheritance law is not significantly affected or endangered, and that the personality of the acquirer is responsible for the proper fulfilment of the purpose of the contract. the property owner may require that the property owner give its consent to the sale of the property. A right to grant consent can also be granted to the heirloth of the inheritance. (2) If a burden (§ 5, para. 2) is compatible with the rules of an orderly economy, and becomes the one with the order of the inheritance law (3) If the approval of the property owner is without sufficient reason, the owner of the property may require the property owner to give his consent to the burden. (3) , it may, at the request of the person entitled to inheritance, be refused by the District Court in the district of which the property is situated. § 40 (2) sentence 2 and (3) sentence 1, 3 and 4 and section 63 (2) (2) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall apply accordingly. Unofficial table of contents

§ 8

Orders made in the course of the enforcement or the execution of the Arrest or by the insolvency administrator shall be ineffective in so far as they thwart or adversely affect the rights of the owner of the property from an agreement pursuant to Section 5 would.

3.
Erbbauzins

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§ 9

(1) If a remuneration in recurring services (hereditary building interest) is paid out for the order of the inheritance law, the provisions of the Civil Code shall apply to the actual loads. The reservations concerning real loads in favour of the Land laws do not apply. (2) The claim of the owner of the property on payment of the hereditary interest rate may not, in the event of any undue benefits, not be the property of the property on the (3) As the content of the genetic interest, it can be agreed that:

1.

the reallast shall, by way of derogation from § 52 (1) of the law on forced auction and the compulsory administration, remain with its main claim if the property owner from the reallast or the holder of a in the range preceding or equal rights in rem or the holder of the claims referred to in Article 10 (1) (2) of the Law on Forced Increase and Forced Administration for the payment of contributions to the burdens and costs of the housing building law Forced auction of the inheritance law, and

2.

the respective heist is entitled to the respective owner of the reallast with the right to charge the inheritance law to a certain extent with a basic debt, mortgage or pension liability in the inheritance land register with the reallast.

If the inheritance law is burdened with rights in rem, the agreement of the holders of the rights of the hereditary building interest in the rank of preceding or equal rights is required for the effectiveness of the agreement. (4) Payment delay of the Holders of an inheritance can only give reasons for their entitlement to the property if the heirloth of the inheritance is in arrears with the hereditary building at least equal to two annual amounts. Unofficial table of contents

§ 9a

(1) In the case of housing purposes established on the basis of an inheritance law, an agreement that a change in the hereditary building interest may be required shall be based on an entitlement to an increase in the genetic interest only, to the extent that such an agreement shall be taken into account: of all the circumstances of the individual case is not incontecious. An increase claim shall be considered to be irregular if and to the extent that the increase to be calculated on the basis of the agreed basis of assessment on the change in the general economic conditions which has occurred since the conclusion of the contract is is going out. In addition to the cases referred to in the fourth sentence, changes in land value ratios shall not be taken into consideration. In individual cases, taking into account all circumstances, in particular:

1.

a change in the value of the land as a result of its own adventitiously effected expenses incurred by the owner of the land; or

2.

the advantages of a change in the value of the property or the circumstances underlying it for the heirlofth/person entitled to the inheritance,

An increase claim beyond that limit shall be cheap. An entitlement to an increase in the hereditary interest rate shall not be allowed at the earliest after the expiry of three years since the contract was concluded and, if an increase in the genetic interest rate has already been made, at the earliest after the end of three years since the last increase in the (2) A part of the structure built on the basis of the right of inheritance, paragraph 1 shall only apply in respect of the right to a change in an appropriate partial amount of the inheritance interest. (3) The admissibility of a Notice to secure a claim for an increase in the hereditary interest rate will be provided by the above Provisions shall not be affected.

4.
Rank

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§ 10

(1) The inheritance law can only be ordered to the exclusively first rank; the rank can not be changed. Rights which do not need to be maintained in order to maintain their effectiveness in relation to the public faith of the basic book of registration shall not be taken into consideration. (2) The State Governments shall be authorized to determine, by means of a regulation, that at the time of the order the right of inheritance can be deviated from the requirement of the first rank, if this is not harmful to the previous beneficiaries and to the stock of the inheritance law.

5.
Application of the property right

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§ 11

(1) The provisions relating to succession shall apply to inheritance law, with the exception of § § 925, 927, 928 of the Civil Code and the provisions relating to claims arising from the property, insofar as it is not from this law. The law provides another. A transfer of the inheritance law, which takes place under a condition or a time determination, is ineffective. (2) On a contract, by which the one part undertakes to order or acquire an inheritance law, the § 311b para. 1 of the Civil code corresponding to the law.

6.
Construction. Ingredients

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§ 12

(1) The building, constructed on the basis of the inheritance law, is considered to be an essential part of the inheritance law. The same applies to a building that already exists when ordering the inheritance law. § § 94 and 95 of the Civil Code shall apply to the application of inheritance law; the components of the inheritance law shall be replaced by the provisions of § § 94 and 95 of the German Civil Code. are not at the same time components of the land. (3) The inheritance law will be deleted, so the components of the inheritance law will form part of the land. Unofficial table of contents

§ 13

The right of inheritance shall not be lost by the fact that the building is subject to the construction work.

II.
Basic accounting rules

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§ 14

(1) For the right of inheritance, a special basic book (inheritance land register) shall be applied for the registration in the land register. The owner and any subsequent acquirer of the land shall also be included in the inheritance land register. For a more detailed description of the content of the inheritance law, reference may be made to the application for registration. (2) In the case of the registration in the land register of the property, reference is made to the description of the contents of the inheritance law to the inheritance land register (3) The hereditary building land register is the land register for the inheritance law in the sense of the Civil Code. The registration of a new person entitled to inheritance shall be immediately recorded on the sheet of the land. In the case of residential and partial farmers, the endorsement shall be replaced by reference to the housing and part-building basic books. (4) The national governments shall be authorized to determine by means of a decree law that the endorsements referred to in the second sentence of paragraph 1 shall be determined and The second sentence of paragraph 3 shall be applied in an automated manner if the land register and the hereditary land register are conducted as a database for the database. The arrangement can be limited to individual land register offices as well as to individual basic booklets. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

§ 15

In the cases referred to in § 5, the transfer of the law and the burden shall not be registered until the property owner has been informed of the consent of the Land Registry. Unofficial table of contents

§ 16

In the case of the deletion of the inheritance law, the Erbbaugrundbuch is closed by officals. Unofficial table of contents

§ 17

(1) Each entry in the land register shall also be made known to the property owner, the registration of restrictions on the use of the inheritance entitled to the persons entitled to the inheritance, registered in the inheritance land register. In addition, § 44 (2), (3), § 55 (1) to (3), 5 to 8, § 55a and 55b of the Land Code are to be applied accordingly. (2) The estate owner shall be entitled to register a property owner, the registration of restrictions on the use of the land. Property owners and the registration of an objection against the registration of the owner in the land register of the property are made known. (3) The notice can be waived.

III.
Insult

1.
Mündelhypothek

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§ 18

A mortgage on an inheritance law on a domestic property is to be regarded as safe for the application of Mündelgeld if it is a redemption mortgage and meets the requirements of § § 19, 20. Unofficial table of contents

§ 19

(1) The mortgage may not exceed half of the value of the inheritance law. This is to be assumed equal to half the sum of the building value and the capitalised annual rental income determined by careful determination, which the building together with the components of the inheritance law, taking into account its The quality of the economy can be sustainably granted to any owner. However, the assumed value must not exceed the capitalised rental income. (2) One of the mortgage in the range of previous hereditary building is to be capitalised and deducted from it. This shall not apply if an agreement has been reached in accordance with Section 9 (3) sentence 1. Unofficial table of contents

§ 20

(1) The scheduled redemption of the mortgage must be

1.

shall be subject to the growth of interest-saving interest,

2.

begin at the latest by the beginning of the fourth calendar year following the granting of the mortgage capital,

3.

shall end at the latest ten years before the expiry of the inheritance law and may

4.

is no longer than is necessary for the accounting depreciation of the building according to economic principles.

(2) The inheritance law must at least run for so long that a redemption of the mortgage corresponding to the provisions of paragraph 1 is possible for each inheritance entitled or its legal successor from the proceeds of the inheritance building law. Unofficial table of contents

§ 21 (omitted)

2.
National legislation

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Section 22

National legislation may apply to the land covered by its scope of application

1.

By way of derogation from the provisions of § § 18 to 20, the Mündelsicherheit der Erbbaurechtshypotheken shall be regulated,

2.

determine in which way to determine whether the conditions for the security of the mouth are fulfilled (§ § 19, 20).

IV.
Fire insurance. Forced auction

1.
Fire Insurance

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Section 23

If the building is insured against fire, the insurer shall immediately notify the property owner if the entry of the insurance case is indicated to him.

2.
Forced auction

a)
of inheritance law

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§ 24

In the case of enforcement in the inheritance law, the property owner shall also be regarded as a participant within the meaning of § 9 of the law on forced auction and forced administration.

b)
of the land

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Section 25

If the property is forcibly auctioned, the inheritance law shall continue to exist even if it is not taken into account in the determination of the lowest bid.

V.
Termination, renewal, homegrowing

1.
Shutdown

a)
Repeal

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Section 26

The inheritance law can only be lifted with the approval of the property owner. The consent shall be declared to the Land Registry or to the inheritance entitled to the inheritance; it shall be irrevocable.

b)
Time lapse

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§ 27

(1) In the event of the right of inheritance by time lapse, the property owner shall provide compensation for the building's property to the estate owner. As the content of the inheritance law, agreements on the amount of compensation and the nature of their payment as well as on their exclusion can be made. (2) Is the inheritance right to satisfy the housing needs of inferior population groups , the compensation must be at least two-thirds of the common value which the building has on the expiry of the inheritance law. The property owner cannot rely on a deviating agreement. (3) The property owner can waver his obligation to pay the compensation by the fact that he or she is entitled to the inheritance right prior to the expiry of the contract for the inheritance of the property. the estimated service life of the building is extended; if the heirloth of the heirloth is refused the extension, the right to compensation shall be refused. The inheritance law can be extended repeatedly for the application of the compensation obligation. (4) Before the due date, the right to compensation cannot be dismissed. Unofficial table of contents

§ 28

The compensation claim shall be liable on the property in place of the hereditary building law and with its rank. Unofficial table of contents

§ 29

If the right of inheritance is still burdened with a mortgage or a basic debt or with residues of a pension debt or a real burden, at the end of the period for which it was ordered, the creditor of the mortgage, the primary or pension debt or the reallast shall be charged at the Claim for compensation the same rights which are entitled to him in the event of the erasure of his right by forced auction on the proceeds of the proceeds. Unofficial table of contents

§ 30

(1) The inheritance law shall be terminated, for example, on lease and lease contracts concluded by the heir to the heir, the provisions applicable in the case of the transfer of the property shall apply. (2) The inheritance law shall expire by time lapse, the property owner is entitled to terminate the rent or lease in accordance with the legal deadline. The termination can only be made for one of the first two dates for which it is admissible. If the inheritance law expires prematurely, the property owner can only exercise the right to terminate the contract if the inheritance law would also be extinguished by time lapse. (3) The tenant or tenant can use the property owner to determine a an appropriate period of time to make a statement as to whether or not to make use of the right of termination. Notice of termination can only be made by the end of the period.

2.
Renewal

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Section 31

(1) If the holder of the inheritance has a right to renew the inheritance law (§ 2 no. 6), he can exercise the privilege as soon as the owner closes a contract with a third party on the appointment of an inheritance law on the property. . The exercise of the right of privilege shall be excluded if the inheritance law to be ordered for the third party is intended to serve another economic purpose. (2) The preroe shall expire three years after the expiration of the period for which the inheritance law is ordered (3) The provisions of § § 464 to 469, 472, 473 of the German Civil Code shall apply. (4) The preroe shall have the effect of a prior notice in order to secure a claim for the granting of the inheritance law to third parties. § § 1099 to 1102 of the Civil Code shall apply accordingly. Becomes the inheritance law before the end of the three years (par. (5) In the event of § 29 the repayment has not yet been carried out, the creditor has to do so in the case of renewal on the basis of the law of succession. (5) Hereditary rights the same rights he had at the time of the expiry. The rights to the compensation claim shall be extinguisher.

3.
Home Case

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Section 32

(1) The property owners use the power of their home case to grant the estate owner a reasonable remuneration for the inheritance law. As the content of the inheritance law, agreements on the amount of this remuneration and the nature of their payment as well as their exclusion can be made. (2) Is the inheritance right to satisfy the housing needs of inferior population groups , the payment of an adequate remuneration for the inheritance law must not be excluded. The property owner cannot rely on a deviating agreement. The remuneration shall not be appropriate if it is not at least two-thirds of the common value of the inheritance law at the time of the transfer. Unofficial table of contents

§ 33

(1) In the case of the home case of the inheritance law, the mortgages, basic and pension liabilities and real burdens shall remain in so far as they are not attributable to the heirloth of the inheritance itself. The same applies to the remark of a statutory right to registration of a backup mortgage. (2) In the case of a mortgage, which remains, the heirloth of the inheritance at the same time personally, the property owner shall be liable for the amount of the mortgage. The provisions of Section 416 of the Civil Code shall be applicable. The same shall apply if, in the case of an existing basic debt or in the case of arrests of pension liabilities or real burdens, the heirlooms are at the same time personally liable. (3) The claims which the property owner takes over in accordance with paragraph 2 shall be to the remuneration (§ 32).

4.
Building

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Section 34

The heirloth is not entitled to take away the building or to become part of the building when the hereditary building is being extinguisher or if the inheritance law is extinguisher.

VI.
Final provisions

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§ 35

(1) For the entry into force of the Law amending the Regulation on the Law of the Inheritance of 8 January 1974 (BGBl. 41) on January 23, 1974, interest in the form of hereditary interest shall also apply to agreements of the content referred to therein which have been concluded before 23 January 1974. (2) The inheritance rate shall be due to an agreement in accordance with paragraph 1. was increased on 23 January 1974, so it shall be entitled to do so. However, for the future, a person entitled to inheritance may require a reduction justified by application of the rule referred to in paragraph 1, if the increase in the increase for him or her in view of the circumstances of the individual case would be a particular hardship. Unofficial table of contents

§ 36

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Section 37

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§ 38

In the case of an inheritance law with which a property was burdened on 21 January 1919, the laws in force until then remain decisive. Unofficial table of contents

§ 39

If an inheritance rights holder acquires the property burdened with the inheritance law on the basis of a right of sale or a purchase authorization within the meaning of § 2 No. 7, the costs and other charges are not yet renewed. to rise once, which have already been paid on the grounds of the inheritance law. Unofficial table of contents

Final formula

The Imperial Government