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Law on judicial proceedings in agricultural matters

Original Language Title: Gesetz über das gerichtliche Verfahren in Landwirtschaftssachen

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Law on judicial proceedings in agricultural matters

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LwVfG

Date of completion: 21.07.1953

Full quote:

" Law on judicial proceedings in agricultural matters in the revised version published in the Federal Law Gazette III, outline number 317-1, the latest by Article 17 of the Law of 23 July 2013 (BGBl. 2586).

Status: Last amended by Art. 17 G v. 23.7.2013 I 2586

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof validity: 1. 1.1981 + + +) 
(+ + + For further application d. Section 12 (3), § § 33 to 43, § 44 (2), § § 45, 47
in the version valid until 31 July 2013, cf. Section 136 (5) No. 3 G 361-6
v. 23.7.2013 I 2586 + + +)

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Factual competence and establishment of the courts

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§ 1

The provisions of this Act shall apply in accordance with the procedures laid down in the Rules relating to:
1.
the display and complaint of land lease contracts in the Land Pachttraffic Act of 8 November 1985 (BGBl. 2075) and the land lease agreement in the cases of § 585b (2), § § 588, 590 (2), § 591 (2) and (3), § § 593, 594d para. 2 and § § 595 and 595a (2) and (3) of the Civil Code,
1a.
the land-lease agreement;
2.
the commercial sale, the amendment or cancellation of a print run, the court assignment of a holding and the fixing of the penalty payment in the Land Traffic Act of 28 July 1961 (Federal Law Gazette). 1091),
3.
Objections to the right of resettlement in § 10 of the Reichssiedlungsgesetz (Reichssiedlungsgesetz),
4.
the abolition of lease and other conditions of use, as well as the use of buildings or land in § § 59 and 63 (3) and (4) of the Federal Displaced Persons Act (Bundesvertriebenengesetz) in the version of the Notice of 3 September 1971 (BGBl. 1565, 1807), further the determination of the replacement claim and the compensation pursuant to § 7 para. 2 of the Act supplementing the Reichssiedlungsgesetz in the revised version published in the Bundesgesetzblatt part III, outline number 2331-2,
5.
The right to seizage, including the pension rights in the case of courtyards, estates, estates and growneries,
6.
matters relating to the repeal of the earlier provisions relating to hereditary courtyards,
however, in the procedures referred to in paragraphs 5 and 6, only where the provisions adopted at the date of entry into force of this Act or the provisions adopted in the future provide for the jurisdiction of courts with honorary judges. Unofficial table of contents

§ 2

(1) In the proceedings referred to in § 1, the local courts are competent in the first legal proceedings as agricultural courts. Jurisdiction shall also be exclusive in civil disputes of Section 1 (1a). In the second legal suit the Oberlandesgericht (Oberlandesgericht), in the third legal proceedings of the Federal Court of Justice (Bundesgerichtshof) is responsible. (2) As far as this law does not determine anything else,
the district court in the occupation of a judge at the district court as chairman and two honorary judges, the Higher Regional Court in the occupation of three members of the Higher Regional Court with the injunction of the chairman and two honorary Judges, the Federal Court of Justice in the occupation of three members of the Federal Court of Justice with the inclusion of the chairman and two honorary judges
.

Footnote

§ 2 para. 2: IdF d. Art. 3 (4) (b) and (b) Art. 3 No. 2 G v. 8.11.1985 I 2065 mWv 1.7.1986; compatible with the GG in accordance with the decision formula, BVerfGE v. 3.6.1980 I 1022 Unofficial table of contents

§ 3

(1) The honorary judges shall be appointed for a period of five years; repeated appeals shall be admissible. (2) For the right to refuse the appeal to the honorary judge, § § 35 and 53 of the Law of the Judicial Constitution shall apply mutafically, however, the President of the Federal Court of Justice decides on the request of the President of the Higher Regional Court, the President of the Federal Court of Justice in the case of Gesuchen, and the public prosecutor's hearing does not need to be heard. Unofficial table of contents

§ 4

(1) The honorary judges of the Local Courts and the Higher Regional Court convene the President of the Higher Regional Court on the basis of a list of proposals. It determines the necessary number of honorary judges for each court. (2) The countries determine how the list of proposals is to be drawn up. The list is to be presented separately to the President of the Higher Regional Court at least three months before the end of the term of office of the honorary judges for each court. (3) As honorary judges, only Germans are to be proposed,
1.
who have carried out or carried out agriculture in the district independently in the main or secondary occupation,
2.
where there is no reason for an obstacle in accordance with § § 32 to 34 of the Law on the Law of the Judith,
3.
who do not carry out tasks of the competent authorities in accordance with national law in the fields referred to in § 1 (1) and (2);
4.
who are not members of the Management Board or the Management Board of a country and forestry professional representation or its subdivisions, to the extent that these are involved in the judicial proceedings in accordance with Section 32 (1).
Section 34 (1) (7) of the Law of the Court of Justice shall not apply. (4) The number of persons to be proposed shall be one-and-a-half times the number required of the honorary judges. (5) A honorary judge will be divorced after his The President of the Higher Regional Court may, for the remainder of the term of office of the retired honorary judge, appoint a new honorary judge on the basis of the list of proposals. (6) These rules shall apply to the honorary members of the honorary judge. Judges of the Federal Court of Justice accordingly, with the proviso that they shall The President of the Federal Court of Justice shall be appointed on the basis of a list of proposals drawn up by the Central Committee of the German Agriculture Committee. Unofficial table of contents

§ 5

The honorary judges shall exercise the judge's office in full and with the same voting rights as the professional judges. They are committed to the secrecy of the office. Unofficial table of contents

§ 6

(1) The honorary judges shall be consulted at the meetings in the order of a list drawn up by the chairman of the court before the beginning of the financial year. In this case, it can be determined that some of these honorary judges are used in the prevention of another (deputy honorary judges). Two honorary judges, both of whom are tenants or both guardians, or in a case referred to in § 1 No. 4, two honorary judges, both of whom are honorary judges, both of whom are responsible for the circle of persons under § 35 of the If you are a member of the Federal Foreign Office (Bundesvertriebenengesetz), the honorary judge who is the second to be considered to be prevented from attending the meeting shall be deemed to have been prevented from attending the meeting. (2) The chairman is otherwise only to change the order of the order. authorized to leave honorary judges during the financial year when new volunteers Judges enter or if participation in a previous hearing in the same case or the perception of a date on the spot allows a change to be offered. (3) For the removal of a volunteer judge from the Service on certain days of the meeting applies in accordance with Section 54 of the Law of the Court of Justice. Unofficial table of contents

§ 7

(1) An honorary judge shall be relieved of his office if the absence of a condition referred to in § 4 (3) is subsequently known or if such a condition is subsequently omitted or if he becomes a gross violation of his or her own (2) The first civil senate of the Higher Regional Court decides on the dismissal of a honorary judge of the District Court or of the Higher Regional Court, on the dismissal of a honorary judge of the Federal Court of Justice of the First Civil Senate of the Federal Court of Justice. Before the decision, the honorary judge is to be heard. Unofficial table of contents

§ 8

By means of a legal regulation, the provincial government can transfer business from the districts of several local courts to a local court. It can also make such a provision for the Higher Regional Courts. The Land Government may delegate this authorisation to the Land Justice Administration.

Second section
Agricultural matters of voluntary jurisdiction

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§ 9

Unless otherwise specified in this Act, the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall be applied in accordance with the provisions of Section 1 (1) and (2) to (6). Unofficial table of contents

§ 10

The district court, in whose district the court office is located, is in charge of the local authority. If a court body does not exist, the local court is responsible for the local court, in whose district the land is wholly or for the most part or the rights are essentially exercised. Unofficial table of contents

§ 11

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§ 12

(1) If the court considers itself to be uncompetent, it shall issue the matter to the competent court. The decision may be taken without oral proceedings after hearing the parties concerned. He is binding on the court referred to in him. In the case of submission to a court of disputed jurisdiction, the rights of the case shall be deemed to have been justified on the date on which the request submitted to the court responsible for agricultural matters was notified to the party concerned. is that after the levy is defendant. § 167 of the Code of Civil Procedure must be applied accordingly. (2) If a case of § 1, No. 1 or No. 2 to 6 is pending in a lawsuit, the court of proceedings shall have the case to the court responsible for agricultural matters in that regard. , The second sentence of paragraph 1, 3 is to be applied. (3) (omitted) Unofficial table of contents

§ 13

(1) In so far as representation by lawyers is not necessary, agents are also empowered to represent professional associations of agriculture for their members. They act through their institutions and representatives of the procedural representatives. (2) Voluntary Judges must not act as agents before a body of sprout to which they belong. The Court of First Instance rejects, by way of an indisputable decision, agents which are not competent to represent them. Procedural acts of a non-representative authorised representative and of the delivery or communications to such agents shall take effect until such time as he has been rejected. Sentences 1 and 2 shall apply mutatily to both assistance. Unofficial table of contents

§ 14

(1) The proceedings shall, unless otherwise specified, be initiated only upon request. (2) The Court of First Instance shall, prior to its decision, give interested parties the opportunity to express their views on the matter. For the preparation of the decision the provisions of § 139 and § 273 (1), (2), (3) sentence 1 and (4) of the Code of Civil Procedure shall apply in accordance with the provisions of the Code. Unofficial table of contents

§ 15

(1) The Court of First Instance shall, at the request of a party, order an oral hearing. This does not apply to proceedings before the Federal Court of Justice. (2) If an oral hearing is to be held, the parties are to be invited. (3) In the case of a taking of evidence, § 279 (2), § 357, 367 (1), § § 397, 402 of the Code of Civil Procedure shall apply mutaficily. (5) The provisions of § § 159 to 165 of the Code of Civil Procedure on the Minutes of the Rules of Procedure of the Rules of Procedure of the Civil Procedure shall apply mutatily. Unofficial table of contents

§ 16

The Court of First Instance may appoint one of its members to take evidence, or to carry out a local investigation, or to negotiate with the parties. The provisions of the Code of Civil Procedure relating to the proceedings before the appointed Judge shall apply mutatily. Only judges are empowered to formally interrogate the parties, witnesses and experts, to accept the oath, and to record a settlement. Unofficial table of contents

§ 17

All authorities shall be obliged to assist in their assistance at the request of the Tribunal. The financial authorities shall, at the request of the Court of First Instance, issue information on the unit value or the economic value of land or forestry land. Unofficial table of contents

§ 18

In the case of interim measures, the withdrawal of the honorary judges and the application of Section 14 (2) may be waited if a disadvantage is threatened by a delay in the interim order. Unofficial table of contents

§ 19

Where a judicial settlement contains provisions relating to the sale, loading or leasing of land, the Court of First Instance may, upon request, decide, instead of the competent authority, whether those provisions are in accordance with the provisions of on the transport of land or forestry land, or in accordance with the provisions of the Landlease Transport Act. Unofficial table of contents

§ 20

(1) The court may not grant honorary judges over
1.
the exclusion or rejection of the judicial staff;
2.
a request for re-establishment of rights;
3.
the submission of a matter of lack of competence,
4.
the inadmissibility of an application or of an appeal;
5.
the memory of the grant or the rejection of the judicial certificate;
6.
the granting of legal aid and the modification of the authorization and the granting of legal aid or the abolition of the authorization, on the grounds that the applicant's personal and economic circumstances are Do not permit the granting of legal aid,
6a.
the appointment of the expert in accordance with Section 585b (2) of the Civil Code,
7.
matters of minor importance, in so far as it is not the case in the main proceedings,
8.
the cost when the main thing is done,
(2) A court settlement can be concluded before the chairman, the Higher Regional Court and the Federal Court of Justice before the chairman or a commissioned judge; the confiscation of honorary judges is (3) Countries may decide that the decision to grant a certificate of inheritance can also be made without the use of honorary judges, and that in this respect the provisions of Sections 14 (2) and (30) and 38 (3), § 39, 41 (1) sentence 2, § § 58 and 66 of the Act on the Procedure in Family Matters and in the Matters of voluntary jurisdiction shall not apply; the same shall apply to the confiscation and the declaration of force of an inheritance. Unofficial table of contents

Section 21

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Section 22

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Section 23

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§ 24

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Section 25

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Section 26

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§ 27

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§ 28

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§ 29

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§ 30

(1) The court decisions in the main proceedings shall be effective only with the entry of the legal force. (2) If the decision has a enforceable content, the court may provisionally enforceable it against or without a guarantee of security , the debtor shall also, upon request, stop the enforcement of the enforcement by means of security. Unofficial table of contents

Section 31

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Section 32

(1) In the proceedings for the application of a land lease contract, the competent authority in accordance with the law of the country is the approval authority and the agricultural and forestry sector in the proceedings for the authorisation of a commercial sale. (2) As far as the agricultural authority or the approval authority is to be heard in accordance with paragraph 1, the decisions on the main matter shall be announced to the Authority. The authority responsible for the agricultural authority or the approval authority shall be entitled, in so far as these decisions are to be taken, to raise the complaint and the appeal. If it collects such a complaint, it shall be deemed to be a party to it. (3) The Land Government shall determine by means of a decree law which organizations shall be considered as agricultural and forestry professional representatives. Unofficial table of contents

Section 32a

In the procedures under the rules on the judicial allocation of a holding (Section 1 (2)), the application is to designate the items for which an application is requested. In the decision on the assignment of the operation, the assigned objects are to be designated. The chairman of the court of the first legal proceedings, after the validity of the decision, requests the land registry to register the acquirer. Unofficial table of contents

§ 33 (omitted)

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Section 34

At the same time, the decision on the main object is to be decided on the costs. Unofficial table of contents

§ § 35 to 41 (omitted)

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§ 42

For special reasons, the Court may order that, in whole or in part, the collection of court costs shall be waited. The decision can only be taken at the same time as the decision on the main matter. Unofficial table of contents

§ 43 (omitted)

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Section 44

(1) Where more than one person is involved in a procedure, the court shall have the right to decide who has to bear the costs and how to distribute it. (2) In the case of a procedure carried out by the competent authority in accordance with the law of the country, the The approval authority, the parent authority (Section 32 (2)) or the settlement authority, or based on its application or complaint, shall, at its reasonable discretion, decide whether and to what extent others are involved in the proceedings The costs are to be raised. Unofficial table of contents

§ 45

In the case of the main proceedings, the Court of First Instance may order that the extra-judicial costs should be reimbursed in whole or in part by a subject subject to the decision. This has to be done if the party has caused the costs by means of an unfounded legal remedy or by gross negligence. Unofficial table of contents

Section 46

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§ 47 (omitted)

Third Section
Contested agricultural matters

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§ 48

(1) The civil procedure shall apply in civil litigation in Section 1 (1a). § § 10 and 20 (1) and (2) of this Act, however, replace the corresponding provisions of the Code of Civil Procedure; § 315 (1) sentence 1 of the Code of Civil Procedure shall apply with the proviso that the signature of the honorary judges shall not be (2) § § 13 and 19 of this Act shall be applied accordingly. Unofficial table of contents

§ 49

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Fourth Section
Additional, transitional and final provisions

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§ 50

In so far as provisions which remain in force under this Act or are not affected by this Act, determine that a procedure other than those referred to in § 1 shall have jurisdiction over the courts occupied by agricultural co-sitters, shall be subject to the following: If these courts have jurisdiction over the courts in accordance with the provisions of this Act; if it is determined that other co-sitters take part in the place of the agricultural co-sitters, it shall retain the right to do so. To the extent that, in accordance with the provisions set out in the first sentence, provisions are applicable to the procedure, which shall be repeal of Article 60, the relevant provisions of this Act shall be replaced by the provisions of this Act. Unofficial table of contents

Section 51

(1) (2) Countries may determine that the provisions of this Act are to be applied in whole or in part to contracts relating to the lease of fishing rights and to procedures governed by Article 11 of the Law on Land Law; they may adopt additional provisions in accordance with the specific features of these procedures. Unofficial table of contents

Section 52

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§ § 53 to 59 ----

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§ 60

(1) This Act shall enter into force on 1 January 2008. (2) The following provisions shall be repeal:
1.
to 7.
8.
Section 31 (2), § § 32 to 47, 54 of the Badisches Implementing Regulation (Badisches Gesetz-und regublatt, p. 217) of the Badisches Implementing Act No. 45 of 11 December 1948;
9.
Section 32 (2), § § 33 to 48, 55 of the Land of Rhineland-Palatinate Land Transport Regulation of 11 December 1948 (Law and Ordinance Gazetree of the Land Government of Rhineland-Palatinate, page 447);
10.
11.
12.
Section 32 (2), § § 33 to 50, 57 of the First Act of Execution of the Land of Württemberg-Hohenzollern on the Law of Control No. 45 of 2 May 1949 (Government Gazan for the Land of Württemberg-Hohenzollern, p. 143);
13. to 16. (3) The legal provisions applicable to the proceedings of the courts with agricultural consitters, including the rules on legal fees, shall be repealed. However, the current rules on the level of the value of the business value and the legal costs are still valid.
a)
in the procedures referred to in Article 1 (5),
b)
in the procedures not covered by § 1, which are based on provisions which remain in force or remain unaffected (§ 50).
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Section 61

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin.