Courtesy (HöfeO)

Unofficial table of contents

HöfeO

Date of completion: 24.04.1947

Full quote:

" Code of courtesy in the version of the Notice of 26 July 1976 (BGBl. I p. 1933), most recently by Article 19 of the Law of 29 June 2015 (BGBl. 1042).

Status:	New by Bek. v. 26.7.1976 I 1933;
	Last amended by Art. 19 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.7.1976 + + +) 

  

This law was enacted on the basis of the empowerment of the zone commander of the British Zone, which was granted by Article XI of the Control Council Act No. 45. Unofficial table of contents

§ 1 Concept of the Court

(1) Courtyard within the meaning of this Act is a land or forestry property situated in the territory of the countries of Hamburg, Lower Saxony, North Rhine-Westphalia and Schleswig-Holstein with a court body suitable for their management, which shall be located in the Sole property of a natural person or in the Community property of spouses (Ehegattenhof) is or belongs to the total good of a continued goods community, provided that it has an economic value of at least 10,000 euros. Economic value is the economic value determined in accordance with the tax valuation regulations within the meaning of section 46 of the valuation law in the version of the notice of 26 September 1974 (Bundesgesetzbl. 2369), as amended by Article 15 of the Law on Jurisdiction Rules of 10 March 1975 (Bundesgesetzbl. 685). A possession which has an economic value of less than EUR 10,000, but at least EUR 5,000, will be Hof if the owner declares that he is to be a court, and if the court note is entered in the land register. (2) Spouse, without being in accordance with paragraph 1 of the Ehegattenhof, she becomes a marriage court if both spouses declare that she is to be a married couple's court and if that property is entered in the land register. (3) A possession loses the property as a court if: none of the forms of ownership listed in paragraph 1 exist or one of the other Conditions will be omitted in the long term. However, the loss of the court property does not occur until the court notice is deleted in the land register, if only the economic value falls below 5,000 euros or if there is no more suitable court office for the management. (4) A possession loses the Property as a farm, even if the owner declares that it should no longer be a court, and if the court note in the land register is deleted. If the owner declares that he or she fulfils the conditions laid down in paragraph 1, the possession shall be returned to the court if the owner declares that he is to be a court, and if the court note is entered in the land register. (5) A marriage court loses this property with the Legal force of divorce, annulment or annulment of marriage. In the case of existing marriage, he loses the property as a matrimonial court, if both spouses declare that the possession is not intended to be a marital court, and if the endorsement of the property as a marriage yard is deleted in the land register. (6) Statements made in accordance with the preceding paragraphs may be made by the legal representative if the owner is not able to testicate. This requires the approval of the Court of First Instance. The court is to hear the owner before the decision on the approval. The family court, in all other cases, is responsible for the family court in childhood matters pursuant to § 151 (4) or (5) of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction. (7) In the case of a statement by the owner or spouse, the statement of the court shall enter into effect retroactively with the receipt of the declaration at the Agricultural Court. Unofficial table of contents

§ 2 Components

The farm includes:

a)

all the land of the court owner, which is regularly managed by the court office; temporary leasing or similar temporary use by others does not exclude the membership of the court, nor does the provisional the possession of another in an industrial cleaning procedure or a similar procedure;

b)

Membership rights, rights of use and similar rights which serve the Court, whether they are linked to the property of the Court or are personally responsible to the owner, and also co-ownership shares in a property serving the Court in the event that such property is Shares are of secondary importance in relation to the other land-based property forming the farm.

Unofficial table of contents

§ 3 Hofeszubehör

The courtyard is also part of the Hofeszubehör. It shall include, in particular, livestock, economic and domestic appliances, existing fertilisers and the stocks of agricultural products used for management up to the next harvest, on the farm, and Operating means. Unofficial table of contents

§ 4 Succession into a court

As a part of the inheritance, the court falls into law only one of the heirs (the Hoferben). In its place, the relationship between the co-inherit of the Hofeswert is. Unofficial table of contents

§ 5 Legal Hoferbenordnung

If the testator does not make any other provision, the Hoferben shall be called by law in the following order:

1.

the children of the deceased and their descendants,

2.

the spouse of the deceased,

3.

the parents of the deceased, if the farm comes from or from their families, or has been acquired by their means,

4.

the siblings of the deceased and their descendants.

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§ 6 Details of the Court of Hofer order

(1) In the first court order is called a Hoferbe:

1.

in the first instance of the co-heir to which the deceased the management of the court is permanently transferred at the time of the succession, unless the deceased expressly reserved him for the determination of the court order;

2.

in the second line of the co-heritage, in respect of which the deceased may have been identified by training or by the nature and extent of employment on the Court, that he should take over the Court;

3.

in the third line, the oldest of the miterbs, or, if in the area is the custom of the youngest of them, the youngest of them.

If the conditions of number 2 exist in the case of several co-inherit, without any recognizable who should take over the court from them, then the oldest or, if the law of the youngest is custom, the youngest is the youngest as a host. (2) the second court order shall leave the spouse as a Hoferbe,

1.

if relatives of the third and fourth court orders live and their exclusion from the court order, in particular because of the services provided by them for the court, would be grossly incontecious; or

2.

If his inheritance law is excluded according to § 1933 of the Civil Code.

(3) In the third court order, only the parent who comes from or from the family of the court or with whose resources the court has been acquired is entitled to the court. (4) The court of both parents or both families is or is the parent of the court. it is acquired with the funds of both parents and at least one of the parents is economically viable, so the court falls to the parents jointly as Ehegattenhof. If one of them no longer lives, then he falls on the other. If the marriage of the parents before the succession has been disbanded in a different way than by the death of one of them, they shall be deemed to be a court heir. (5) In the fourth court order, paragraph 1 shall apply accordingly. In the case referred to in the first sentence of paragraph 1, the siblings shall be present who have in common with the deceased the parent of which or from whose family the farm comes from. (6) Those who are not economically capable shall be deemed to be a hofer, even if they do so by 1 or 2 of the first sentence of paragraph 1. However, this does not apply if the lack of age alone is the reason for economic incapacity or if it is the inheritance of the surviving spouse. If the Hoferbe, who was initially appointed, fails, the court will fall to whoever would be called if the outgoing person would not have lived at the time of the inheritance. (7) Economic capable, according to his physical and mental abilities, is his or her own. Knowledge and his personality are able to manage the court he is acquiring independently in order to manage it. Unofficial table of contents

§ 7 Determination of the Hoferben by the owner

(1) The owner may freely determine the Hoferben by death on the grounds of death, or hand it over to the Court by means of the anticipated inheritance (surrender contract). It cannot be determined who, because of economic incapacity pursuant to Article 6 (6) (1) and (2) of the Court of Law, is excluded as a court order; however, the economic inability of a descendant shall not preclude his provision on the farm, if all (2) If the owner has the management of the court under the conditions laid down in Article 6 (1), first sentence, No. 1 of the Court, the owner of the court shall be entitled to a court order. is, as long as it is managed by the Court, one by the owner, Transfer of the management of another to the Hoferben to the extent ineffective in so far as it would be excluded from the Hoferbconsequence by the Hoferbenbeneficiaries. The same shall apply if the owner of the court has indicated that he is to take over the court through the nature and extent of employment (Section 6 (1), first sentence, no. 2) of a person entitled to a court order. The right of the owner to dispose of his assets under his or her legal business by means of his/her legal business shall not be limited by the first and second sentences of the first and second sentences. Unofficial table of contents

§ 8 The Hoferbe at the Ehegattenhof

(1) In the case of a marriage court, the proportion of the deceased is the survivor's spouse. (2) The spouses can only jointly determine a third party as the Hoferben and only jointly cancel one of the provisions taken by them. If the spouses have not met or rescind such a provision, the surviving spouse may decide on their own. (3) if the court is part of the total good of a community of goods, the surviving spouse may be responsible for the Community of goods with regard to the Court in accordance with the rules of general law with the descendants. If the continued community of goods is terminated differently than by the death of the surviving spouse, the shares of the descendants shall grow. Moreover, the termination of the continued community of goods is the same as the inheritance. The continuation of the goods community shall be without prejudice to a provision made pursuant to paragraph 2 and to the right to make such provision. Unofficial table of contents

§ 9 inheritance of several courtyards

(1) if the deceased leaves several courtyards, the offspring appointed as Hoferben may choose a court in the order in which they are to be appointed; however, a court cannot be elected for which another descendant, who has not yet chosen, is elected; in accordance with Section 6 (1), first sentence, no. 1 or no. 2, as a court case, as a priority. If there are more farms than authorized descendants, the election shall be repeated in accordance with the same principles. If the owner does not leave a descendant, then those who are in the same order as the Hoferben can choose in the same way. These provisions shall apply even if a Hoferbe pursuant to Section 6 (1), first sentence, no. 1 or No. 2, with regard to several courts, would be considered to be a profession. (2) The election shall be made to the court in publicly certified form or to its minutes. , the minutes shall be established in accordance with the provisions of the Beurkundungsgesetz. The Court of First Instance may, at the request of one of the following persons entitled to vote, determine a reasonable time limit for the declaration of choice. After fruitless expiry of the period, the person entitled to vote shall return to the other persons entitled to vote. (3) Each entitled to the Hofer shall acquire the ownership of the court infused with him retrospectively from the death of the deceased. Unofficial table of contents

§ 10 inheritance under general law

The Court is in accordance with the rules of general law, where the provisions of this Act do not provide for the existence or the effectiveness of a trouser's court. Unofficial table of contents

§ 11 Discharge

The Hoferbe may make a statement to the court against the Court's seizance without beating the inheritance in the rest of the estate. The provisions of the Civil Code on the eradication of inheritance shall be applied to this application. Unofficial table of contents

§ 12 severance of the co-heirs after the hereditary case

(1) Subject to cross-regulation by the transfer contract or disposition of death on the spot of a share in the court, a claim against the Hoferben shall be granted to the coerbs who have not become Hoferben. (2) The claim is measured according to the Hofeswert at the time of the inheritance. The Hofeswert is one-and-a-half times the last fixed unit value within the meaning of section 48 of the valuation law in the version of the notice of 26 September 1974 (Bundesgesetzbl. 2369), as amended by Article 15 of the Law on Jurisdiction Rules of 10 March 1975 (Bundesgesetzbl. 685). If special circumstances of the individual case, which are of considerable importance for the value of the Court, are not expressed or insufficiently expressed in the Hofeswert, surcharges or surcharges may be made at reasonable discretion. (3) High value shall be deducted from the debts of the estate which, in proportion of the heirs to each other, meet the court and which the Hoferbe has to bear on its own. The amount remaining after that, but at least one third of the holding value (second sentence of paragraph 2), shall be due to the heirs of the deceased, including the court case, if he belongs to them, to the part which shares their share of the estate in accordance with the general law (4) In the case of the severance referred to in paragraph 1, the co-heir shall have to be reckoned with what he or his parent or grandparent has received from the deceased as a severance from the court before the succession. (5) The court may decide to: Payment of the severance payment to a member, even if this is due to death due to or by contract, at the request of the court, in so far as the Hoferbe could not manage the court in an orderly way with immediate payment and that the individual member of the court should be subject to a payment in the case of a fair balance of the situation of the parties concerned. can. The Court of First Instance decides, at its reasonable discretion, whether and to what extent a stashed claim is to be galvanissed and whether, in what way and to what extent, security should be provided for it. The final decision on payment, interest and security may be cancelled or amended upon request if the circumstances have changed significantly after the decision has been taken. (6) If the co-heir is a minor, the following shall apply: the severance payment until the age of majority is considered to be a stranded one. However, the Hoferbe has to pay the co-heir the costs of adequate living requirements and adequate vocational training and to provide him with adequate equipment for obtaining an independent living or in the event of a marriage. (7) The provisions of the second sentence of paragraph 5 shall apply in accordance with the provisions of the second sentence of paragraph 6 to the extent of the severance payment, including interest and in credit. (7) Paragraph 6, second sentence, must be taken into account. (8) If a third party is obliged to make a reservation, the obligation on the court to pay the costs of the court referred to in the second sentence of paragraph 6 shall be limited to the payment of the costs which are not provided by the maintenance granted to the co-inherit (9) Has the Hoferbe through a grant which he/she according to § 2050 of the Civil In accordance with the provisions of Section 2056 of the Civil Code, the Code of Civil Code shall be published in accordance with the provisions of Section 2056 of the Civil Code, in order to bring out the remaining value (paragraph 3, first sentence), which remains after deduction of the remaining liabilities. (10) The provisions of paragraphs 2 to 5 shall apply mutaficiously to the claims of the right-of-duty members, of legacies and of the surviving spouse, who shall compensate for the gains (§ 1371 (2) and (3) of the Civil Law-book). Unofficial table of contents

§ 13 Supplement to the severance payment for the removal of the state aid purpose

(1) In the course of twenty years after the succession, the Hoferbe shall be sold to the Court, according to § 12 of the Court of Auditors entitled to the payment of the proceeds received, to the extent to which they are entitled to the part of the court which has already been received by the Court of Auditors. The proportion of the remission or its value is equal to or equal to the general right. This shall also apply if land belonging to the Court is sold individually or in succession and the resulting proceeds exceed a total of one tenth of the HofesValue (Section 12 (2)), unless the sale for the preservation of the Court was required. A transfer of the Court by way of the anticipated succession shall not be considered as a divestment within the meaning of the sentence 1. If the Court is brought into a company, the Court's transport value shall be deemed to be the proceeds of disposal at the time of the submission. (2) If the obligation referred to in paragraph 1 has been received within two years before or after the creation of the obligation, the Court shall: , or in the case of the second sentence of the second sentence of paragraph 1, the replacement or agricultural or forestry replacement operation shall be subject to the expenses incurred for this purpose, up to the level of the expenses appropriate to the equivalent replacement of the replacement shall be deemed to be equivalent to a possession which shall be deemed to be equivalent to: Replacement operation or as a residual property completed in order to comply with the replacement land, corresponds to the Hofeswert (§ 12 para. 2) of the fully or partially sold-out court. This shall also apply if the replacement operation or a replacement property is situated in the territory of the countries of Baden-Württemberg, Bavaria, Berlin, Bremen, Hesse, Rhineland-Palatinate or Saarland. (3) Power of the pledge credibly that it is a matter of If the Court of First Instance makes an effort, the Court of First Instance shall be entitled to claim the right to the expiry of the period specified in the first sentence of paragraph 2; Article 12 (5), second sentence, and 3 shall apply accordingly. If the pledge has concluded a notarial contract for the acquisition of a replacement operation or, in the case referred to in the second sentence of paragraph 1, on the acquisition of replacement land, the period referred to in the first sentence of paragraph 2 shall also be maintained if the request is made up to: (4) The first sentence of paragraph 1 shall apply mutagenly if the Hoferbe is within 20 years of the succession

a)

shall be sold or recovered, unless it is within the limits of the proper management of the host's authority, or

b)

using the farm or any part of it in any other way as a country or forestry sector

(5) The proceeds from the proceeds of the sale or exploitation shall be deducted from the amount of the public duties to be borne by the Hoferben. Reductions in revenue which are based on a physical burden placed on the Court by the Court shall be added to the proceeds obtained, unless the exposure to the burden was within the framework of an orderly management. A redeeming which the Hoferbe has to refrain from faithful and faithful shall be added. The part of the proceeds shall be the part which, in the case of an economic approach, is based on the Hoferben's own performance or whose publication would not correspond to the equity for other reasons. A quarter of the proceeds shall be deducted from the proceeds if the sale or recovery is later than ten years, half of the proceeds, if it is later than fifteen years after the succession. (6) The Hoferbe shall be sold or recovered within 20 years after the succession, a replacement, replacement or hostage accessory, the provisions of paragraphs 1 to 5 shall apply mutatily. This shall also apply if the replacement operation or a replacement plot fulfils the conditions set out in the second sentence of paragraph 2. (7) A third party to which the Court has passed through the succession or which he or she has taken in advance shall be deemed to be divaged by a third party. If, within twenty years of the succession (first sentence of paragraph 1), succession has been transferred to the Court, parts of the farm or equipment, the provisions of paragraphs 1 to 6 shall apply mutagenic. (8) The divestiment shall be the subject of the following: Forcibly auction and expropriation equal. (9) The claims are hereditary and transferable. At the end of the third year after the date on which the person entitled acquires knowledge of the entry of the conditions of the claim, it shall expire at the latest in thirty years ' time from the succession. They shall also arise if the property in the land register is not registered as a court or if the court note registered for it has been deleted, if it is or has been a court. (10) The pledge has the person entitled to dispose of a sale or To make use of the information without delay and to provide information on all circumstances on request for the purpose of calculating the claim. Unofficial table of contents

Section 14 Position of the surviving spouse

(1) The surviving spouse of the deceased, if the Hoferbe is a descendant of the deceased, shall, until the completion of the twenty-fifth year of life of the Hoferben, administer the administration and the benefit of the court. This right may

a)

the owner by means of a marriage contract or by means of death,

b)

the Court of First Instance, at the request of a person concerned, for

(2) If the surviving spouse does not entice or end the administration and the benefit, he or she may, if he is a member of the spouse or the right to benefit, and if he/she is entitled to claim pursuant to § 12 and to all of the surviving spouses, he or she shall be entitled to Claims arising out of the use of own assets for the Court waived, from the Hoferben to life time, require the old part customary in such conditions. The Altenteilsentitlement shall be issued if the surviving spouse enters into a new marriage. He may, in this case, require the Hoferben to pay a capital corresponding to the value of the old part, but not more than the amount which would have been granted to him in the absence of the inheritance. (3) The surviving spouse if the owner has given him the power of death on the grounds of his or her authority, he or she shall be entitled to determine the Hoferben among the descendants of the owner. His power shall be lost if he or she is married again or if the statutory Hoferbe completes the twenty-fifth year of his life. The provision shall be made by means of an oral declaration on the minutes of the court or by the filing of a publicly certified written declaration; the minutes shall be established in accordance with the provisions of the Law on Judgments. By submitting the declaration, the newly designated Hoferbe enters into the legal status of the previous legal court case with regard to the Court. At the request of one of the parties, the Court of First Instance, with effect from third parties, shall regulate the issues relating to the transition of the Court. Unofficial table of contents

§ 15 Post-liability liabilities

(1) The Hoferbe shall be liable, even if he is not involved in the rest of the estate as a co-heir, for the estate liabilities as a total debtor. (2) The estate liabilities including the mortgages resting on the yard, reason and Pension debts, but without the other burdens resting on the farm (old part, usufruce, etc.) insofar as the assets available in addition to the Court are sufficient to rectify it. (3) Insofar as the debt obligations cannot be corrected in accordance with paragraph 2, the Hoferbe is obliged to carry it alone to the Member (4) In the event of a surplus, after the correction of the debts of the estate, there shall be a surplus, which shall be distributed among the co-robes in accordance with the provisions of the general law. The Hoferbe can only demand a participation in the surplus and only in so far as the proportion falling on it is greater than the holding value (§ 12 para. 2). (5) Belonging to the estate several courtyards, so become the duty to severance the miterben including the benefits according to § 12 (6) sentence 2 as well as the post-admission liabilities of all Hoferben jointly, in proportion to each other according to the HofesValues. Unofficial table of contents

Section 16 of the Todes

(1) The owner cannot rule out the succession by means of court law (§ 4) by means of death due to death. It may, however, limit it; in so far as the provisions of the Land Transport Act of 28 July 1961 (Bundesgesetzbl. 1091), as amended by Article 199 of the Law of 2 March 1974 (Bundesgesetzbl. 469), which would require an authorisation for a legal transaction of the same content, the consent of the General Court is required at the disposal of death. (2) For the purpose of calculating the mandatory share of the Hoferben, the following shall be required. General law applicable to the calculation of the obligation of the remaining heirs of the legal inheritance to be determined in accordance with this Act. In any case, the Court shall be set up in accordance with the value specified in Section 12 (2). Unofficial table of contents

§ 17 Transfer Treaty

(1) In the case of the handing over of the court to the Hoferben by way of the anticipated court order, the provisions of § 16 shall apply. (2) If the owner transfers the court to a person entitled to a court order, the same shall apply in favour of the other. Descendants of the succession in respect of the court with the date of the transfer as having occurred. (3) As far as a permit is required under the provisions of the Land Transport Act, it shall be issued by the court. Unofficial table of contents

§ 18 Jurisdiction of the courts

(1) The decision on all applications and disputes arising from the application of the court order and the agreements made by the parties hereto are those of 21 July 1953 in the Law on the Judicial Procedure in Agricultural Matters. (Bundesgesetzbl. 667), as last amended by Article 2 of the Law of 8 July 1975 (Bundesgesetzbl. (2) These courts are also responsible for deciding who has become the law or force at the disposal of death on the court of a court, and for the issuing of a court of law, and the court of law. A certificate of succession or a European Certificate of Succesess. In the certificate of inheritance or the European Certificate of Succession, the Hoferbe shall be listed as such. At the request of one of the parties, only the court order shall be certified in the certificate of inheritance.