Rules of Procedure for Höfesachen (HöfeVfO)

Unofficial table of contents

HöfeVfO

Date of completion: 29.03.1976

Full quote:

" Rules of Procedure for Höfesachen of 29 March 1976 (BGBl. 881, 885; 1977 I p. 288), which was last amended by Article 33 of the Law of 23 July 2013 (BGBl. 2586).

Status:

Last amended by Art. 33 G v. 23.7.2013 I 2586

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1976 + + +)
The G was decided as Article 2 G 7811-6-1-1 of the 29.3.1976 I 881 (HöfeOAndG 2) of the Bundestag. Gem. Art. 3 § 8 d. G v. 29.3.1976 I 881-Gl. No. 7811-6-1-1 applies this G in d. Countries of Hamburg, Lower Saxony, North Rhine-Westphalia and Schleswig-Holstein; d. G. is gem. Art. 3 § 9 d. G v. 29.3.1976 I 881-Gl.Nr. 7811-6-1-1 came into force on 1.7.1976. Unofficial table of contents

§ 1 Relationship with the general procedural law

(1) The proceedings in Höfesachen are subject to the provisions of the Law on the Judicial Procedure in Agricultural Matters of 21 July 1953 (Bundesgesetzbl. 667) to the extent that this law does not determine otherwise. Höfesachen are matters to which the state aid rules applicable in the countries of Hamburg, Lower Saxony, North Rhine-Westphalia and Schleswig-Holstein are to be applied. (2) In the cases of § 13 of the court order, this is the case for the The agricultural court responsible for the original farm shall also be responsible for the local jurisdiction where claims are made for the sale or exploitation of a replacement or replacement land. Unofficial table of contents

§ 2 The principle of entry into force

(1) A possession which, according to the rules of the state aid rules, is a court or which can be made on the basis of an explanation of the owner's court, is entered in the land register in the land register at the request of the agricultural court. (2) Paragraph 1 shall apply to the registration of a possession as a spouses ' court accordingly. Unofficial table of contents

§ 3 Ersuchensgrundsatz

(1) The agricultural court requests the land registry to register or delete the endorsement (court note) which is the property of the court or as a matrimonial court.

1.

on its own account, if a declaration by the owner is not provided for the creation of a court or of a marriage court or for the loss of the property as a court or as a spouse ' s farm in accordance with the rules on state aid;

2.

on the basis of the declaration of the owner, if the registration or deletion of the court notice in accordance with the rules on state aid depends on a declaration of the owner.

(2) If the agricultural court seeks the deletion of a note issuing the property as a matrimonial court, it shall at the same time, if the property retains the property as a court, at the same time the land registry office of the Office for the registration of the court notice (3) A request to be made by the Court of Agriculture shall be made by the Agricultural Court, without the assistance of a volunteer judge.

Footnote

§ 3: D. regulation idF d. Art. 2 G v. 29.3.1976 I 881 (885) is with d. GG compatible, BVerfGE v 23.6.1987 I 2380 Unofficial table of contents

§ 3a

The tax office shall notify the agricultural court of the economic value of an operation of the agricultural and forestry sector if it is to be determined in accordance with a unit value determination or otherwise on request.

1.

has been reduced from at least 5,000 euros to less than 5,000 euros,

2.

has increased from less than 10,000 euros to at least 10,000 euros, or

3.

has been identified for the first time and is at least 10,000 euros.

The notifications shall be made at least once a year. Unofficial table of contents

Section 4 Declarations in accordance with state aid rules

(1) The declarations provided for in the rules of the state aid rules that a possession should or should not be a court or a court of marriage shall be submitted to the agricultural court. (2) The declaration shall require the public authentication. (3) As long as the required registration or deletion is not effected, the declaration may be revoked until the death of the declarant; § 1 para. 6 sentence 1 of the court order shall apply accordingly. Unofficial table of contents

§ 5 Vermutung

The registration of the court notice justifies the presumption that the possession has the property indicated by the note. Unofficial table of contents

§ 6 Court endorsement

(1) The Court note shall be entered in the inscription of the Court's general ledger and reads as follows:

" Court according to the courtesy. Registered on ... "

(2) In the Ehegattenhof the court note is:

" Ehegattenhof according to the courtesy. Registered on ... "

(3) If the property of the spouses is not registered on the same land register in the case of a matrimonial court, the court note shall be referred to the property of the other spouse on the other hand. The Court's note is accordingly:

" This property forms with the one in the land register of ... Bd. ... Bl. ... registered property of a Ehegattenhof in accordance with the courtesy order. Registered on ... "

(4) A co-ownership share of the Court, which is registered on another land register, is the following note in the Court's land register:

" Zum Hof belongs to the in the land register of ... Bd. ... Bl. ... registered co-ownership. Registered on ... "

and in the land register of the co-owner, the following endorsement:

" The co-ownership of the ... belongs to that in the land register of ... Bd. ... Bl. ... registered yard. Registered on ... "

shall be entered. Unofficial table of contents

§ 7 Special Grundbuchblatt

(1) The land belonging to the Court of the same owner shall be entered on a special land register at the request of the Agricultural Court; the request shall be made on its own initiative. (2) Land not belonging to the Court shall not be included in the Court's own on the land register of the Court. (3) If individual land plots are separated from the Court, the Court note shall not be transferred. Unofficial table of contents

§ 8 Request for extinguishing of officals

(1) If the Court of Agriculture wishes to request the deletion of a court notice, it shall inform the proprietor of his intention and of the consequences of the deletion and shall give him a visit to the Court, within a specified period of time, to request the determination of the court property (Article 11 (1) (a)). The time limit may not be less than six weeks. (2) The request may not be made until the owner has not submitted or has withdrawn a request for a determination or if it has been determined by a final decision that a court has been The terms of the state aid rules are not available. Unofficial table of contents

§ 9 Notification

The land registry notifies the owner, the court and the approval authority of the registration and deletion of a court notice as well as the separation of a single property (§ 7 para. 3) according to the Land Transport Act. Unofficial table of contents

§ 10 HöfeFiles

The agricultural court's request for the registration or erasure of the court notice and other significant transactions are to be taken into account in a special court file which must be kept at the ground floor of the court office. Unofficial table of contents

§ 11 Fixed-order procedures

(1) At the request of a party who credibly makes a legal interest in the decision, the Agricultural Court shall decide, by means of a special determination procedure,

a)

whether a farm has been or has been in existence within the meaning of the rules on state aid,

b)

whether a court is or has been a spouses ' yard within the meaning of the rules on state aid,

c)

whether an object is a component or accessory of a court,

d)

whether a Hoferbe is economically viable,

e)

whether for the succession to a court of elder or discipal law applies,

f)

where the farm comes from,

g)

who, after the death of the owner of a court, has become Hoferbe,

h)

on other legal relationships existing under state aid rules.

(2) The court is to notify all persons whose rights may be affected by the decision from the initiation of the determination process, having regard to the consequences referred to in § 12 paragraph 1. (3) Each of the persons referred to in paragraph 2 may be followed by a pending procedure in each instance. The resolution may be linked to the lodging of the complaint. Unofficial table of contents

Section 12 Amendment of the Decision

(1) If a final decision has been taken in the course of the proceedings, those who have participated in the proceedings or have been notified of the proceedings (Article 11 (2) and (3)) may not submit a new request for facts which are in (2) In addition, a new application may be filed only if there is an justified reason for the re-examination. In this case, the parties involved in the former proceedings must be notified and the persons referred to in § 11 (2) shall be notified. (3) After five years from the date of the decision's validity, a new application shall be submitted to the Commission. Only if the conditions laid down in the decision have subsequently fallen away, if the conditions are not met. Unofficial table of contents

Section 13 assent procedure

(1) The request for consent at a disposition of death on the grounds of the deceased may also place the other contracting party in respect of an agreement. (2) If a notary has provided a certificate, he shall be deemed to be authorized to act on behalf of an eligible person. (3) After the death of the deceased, the application may be submitted by any person who makes a legitimate interest in the decision credible. Unofficial table of contents

Section 14 Board of Appeal

If the agricultural court approves an order of death which separates so many land from the Court that it loses its property as a court under the rules laid down by the rules on state aid, the Court of Auditors shall be entitled only to the Court of Auditors. shall be entitled to appeal to the nearest person entitled to a hofer. This is the same as the descendant, which is legitimately determined by a contract of inheritance or a Community-based will as a hoferbe. Unofficial table of contents

Section 15 Decision in the assent procedure

(1) If the Court of Agriculture decides that a consent is not required, this decision shall be the same with the consent. (2) The consent may be given under a condition or condition. It shall take effect only with the legal force of the decision. Unofficial table of contents

Section 16 Transfer contracts

For the approval of a surrender contract, the provisions of § § 13 to 15 apply. Unofficial table of contents

§ 17 StundProcedure

§ 264 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (§ 12 (5) of the Higher Ordinance) shall apply in accordance with the procedure for the suspension, interest and security of a severance claim (Section 12 (5) of the Code of Higher Education Act). , Unofficial table of contents

§ § 18 to 24 (omitted)

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Section 25 Adaptation procedure

(1) Rights which have arisen as a result of previous legal requirements may, if the same or similar rights are not provided for in the court order, be amended or transformed at the request of a participant if that is the case. (2) Without prejudice to the provisions of paragraph 1, the parties to the Agreement may, without prejudice to paragraph 1, be able to: Farm owners demand that supply rights, which are based on previous legal requirements Regulations have been established or have been established by means of a transfer contract or by other agreements, and are entered in the land register. Unofficial table of contents

Section 26

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