Law Regarding The Judicial Proceedings In Agricultural Matters

Original Language Title: Gesetz über das gerichtliche Verfahren in Landwirtschaftssachen

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Law regarding the judicial proceedings in agricultural matters LwVfG Ausfertigung date: 21.07.1953 full quotation: "law regarding the judicial proceedings in agricultural matters where in the Federal Law Gazette Part III, outline number 317-1, adjusted version published recently by article 17 of the law of 23 July 2013 (BGBl. I S. 2586) has been changed" State: last amended by article 17 G v. 23.7.2013 I 2586 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1 1.1981 +++) (+++ to the further application d. Article 12 par. 3, §§ 33 to 43, § 44 par. 2, sections 45, 47 as amended up to 31.7.2013 cf. Article 136 par. 5 No. 3 G 361-6 v. 23.7.2013 I 2586 +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: first section substantive jurisdiction and establishment of courts Article 1 the provisions of this Act apply in the proceedings on the basis of rules 1 the display and complaint from land leases in the land lease transfer law of 8. November 1985 (Federal Law Gazette I p. 2075) and over the land lease contract in the cases of § 585 para 2, the §§ 588, 590 para 2, § 591, par. 2 and 3, the sections 593, 594d (2) and § § 595 and 595a para. 2 and 3 of the civil code, 1a.
the land lease in the rest, 2. the contractual sale, change or repeal a circulation, judicial assignment of operations and the imposition of penalty in the land traffic law of 28 July 1961 (Bundesgesetzbl. I p. 1091), 3. objections to the settlement of legal right of first refusal in section 10 of the Empire settlement Act, 4. the cancellation of leases and other conditions of use, as well as the use of land or buildings in sections 59 and 63 para. 3 and 4 of the Federal Refugees Act as amended by the notice of September 3, 1971 (BGBl. I p. 1565, 1807), Furthermore, the fixing of the compensation claim and compensation according to § 7 para 2 of Act to complement the Empire settlement Act where in the Federal Law Gazette Part III , Outline number 2331-2, adjusted version, 5. the Anerbe law, including the obligations on farms, farm, estates and Anerbe cargo, 6 issues related to repealing the previous regulations on farms, but the in points 5 and 6 procedures referred to in only, as far as which provide for the jurisdiction of courts at the entry into force of this Act for this current or the future law honorary judges.

§ 2 (1) the procedures referred to in article 1 the courts as courts of agriculture are responsible in the first instance. The competence is exclusively in civil litigation of section 1 No. 1a. In the second instance, the courts of appeal in the third instance are responsible the Federal Supreme Court.
(2) unless the law States otherwise, the District Court in the occupation of a judge at the local court as Chairman and 2 honorary judges has been the higher regional court in the cast of three members of the Oberlandesgericht with inclusion of the Chairman and 2 honorary judges, the Federal Supreme Court in the cast of three members of the Federal Supreme Court with inclusion of the Chairman and 2 honorary judges.
Footnote § 2 para 2: IdF d. art. 3 No. 4 book. b & art. 3 No. 2 G v. 8.11.1985 I 2065 mWv 1.7.1986. with the GG in accordance with the decision formula compatible I 1022 on the duration of five years called BVerfGE v. 3.6.1980 § 3 (1) which are Honorary judges; repeated appeal is admissible.
(2) for the right to refuse the appointment as honorary judge, the §§ 35 and 53 of the judiciary law shall apply mutatis mutandis, however the President of the Oberlandesgericht, in applications for an honorary judge of the Federal Court of Justice decides on the request of the President of the Federal Supreme Court; the hearing of the public prosecutor's Office is not required.

The honorary judges of the district courts and the higher regional court of the President of the higher regional court on the basis of a proposal list appoints § 4 (1). It determines the required number of honorary judges for each dish.
(2) the countries determine how to set up is the proposal list. The list is to present the President of the higher regional court of at least three months before the end of the term of Office of the honorary judge for each court separately.
(3) as honorary judges are to propose only Germans, 1 which independently pursue agriculture in the district in the main or secondary activity or have exercised 2. where no impediment to paragraphs 32 to 34 of the Judicature Act exists, 3. that not tasks of competent national law authorities on the section 1 No. 1 and 2 designated exercise areas, 4 which belong to the Board of directors or the Managing Director of agricultural and forestry vocational representation or their subdivisions , as far as these are involved according to § 32 para 1 to the judicial proceedings.
Article 34, paragraph 1 No. 7 of the courts act is not applicable.
(4) the number of total persons should be the she'il make.5 past the required number of honorary judges.
(5) an honorary judge retires after his appointment, as the President of the higher regional court may call a new Honorary judges on the basis of the list of suggestions for the remaining term of the departing honorary judge.
(6) these regulations apply to the honorary judge of the Federal Court of Justice according to with the proviso that these are appointed by the President of the Federal Supreme Court on the basis of a shortlist provided by the Central Committee of German Agriculture.

§ 5 the honorary judges exercise judicial office in full and with the same voting rights as the professional judge. You are required to maintain official secrecy.

§ 6 (1) the honorary judges shall be used to the meetings according to the order of a list, who is the Chairman of the Court before the beginning of the fiscal year. Here he can determine individual this honorary judge in absence of another used (Deputy honorary judges). Would this two volunteer judges who are both tenants or both lessor, or one in § 1 No. 4 designated thing belong to two volunteer judges who belong to the person scope of section 35 of the Federal Refugees Act or not, participate, which is considered on the basis of the list second approaching upcoming volunteer judges for the session is prevented at the hearing in tenancy matters.
(2) In addition, the Chairman to a change in the order is only authorized if volunteer judges retire during the fiscal year, when new volunteer judge occur or when participating in a previous hearing on the same matter or the perception of an appointment on the spot offered a change makes.
(3) section 54 of the judiciary law shall apply mutatis mutandis for the delivery of an honorary judge of the services on certain days of the session.

§ 7 (1) a volunteer judges is to impeach if the absence of a requirement referred to in section 4 subsection 3 subsequently becomes known or such a condition is subsequently dropped, or if he is guilty of a gross breach of his duty.
(2) the first civil Senate of the higher regional court decides over the ouster of a honorary judge of the District Court or of the Oberlandesgericht, the ouster of an honorary judge of the Federal Court of justice the first civil Senate of the Federal Supreme Court. Before deciding, the volunteer judges is to hear.

By regulation, shops from the districts of several district courts § 8 that can State Government transferred a District Court. She may make such provision for the courts of appeal. The provincial government can confer on the land administration of Justice this empowerment.
No. 1 and no. 2 to 6 are second section agricultural matters of voluntary jurisdiction section 9 unless the law States otherwise, in matters of § 1 to apply mutatis mutandis the procedure in family matters and in matters of voluntary jurisdiction the provisions of the law on.

§ 10 jurisdiction is the Court in whose district the farmstead is located. A farmstead is not present, so the District Court is local jurisdiction, in whose district the plots are completely or largely or primarily the rights are exercised.

§ 11 (dropped out) § 12 (1) the Court has no jurisdiction, so it has to submit the matter to the competent court. The tax decision can be issued after consultation of the parties without hearing. It is binding for the Court referred to in it. The lis pendens of the goods at the time as justified in the request made at the court competent for agricultural matters has been made known the stakeholders, which is after the defendant applies in the case of delivery to a Court of disputed jurisdiction. section 167 of the code of civil procedure shall apply accordingly.
(2) if in proceedings a matter of in article 1 made pending No. 1 or no. 2 to 6, the trial court has to leave the thing in so far at the court competent for agricultural matters. Paragraph 1 sentence 2, 3 is to apply.
(3) (lapsed) section 13 (1) as agents empowered, as far as a representation by lawyers is not offered, even professional associations of agriculture for their members representation. Trade appointed representatives, through their institutions and with the procedural representation.
(2) volunteer judges may not occur as agents before a bench hearing which they belong to. The Court rejects agents, who are not entitled to representation, by means of an unchallengeable order. Procedural acts of a non-authorized agent and deliveries or notices to these agents are effective up to its rejection. Sentences 1 and 2 shall apply mutatis mutandis for advisers.

Section 14 (1) the, proceedings unless otherwise, only on request.
(2) the Court has to give before taking a decision the parties opportunity to comment on the matter. For the preparation of the decision the provisions of § 139 and the section 273 are ABS 1, mutatis mutandis 2, 3 sentence 1 and paragraph 4 of the code of civil procedure.

Section 15 (1) the Court has to order a hearing at the request of one of the parties. This does not apply to proceedings before the Federal Court.
(2) If an oral hearing is scheduled, the participants are to download.
(3) in the case of evidence, section 279, para 2, § 357, 367 are mutatis mutandis apply paragraph 1, §§ 397 and 402 of the code of civil procedure.
(4) on the outcome of evidence is always orally to negotiate if the parties not agree to refrain from hearing.
(5) the provisions of §§ 159 to 165 of the code of civil procedure of the transcript shall apply mutatis mutandis.

With the taking of evidence or with local investigations or negotiations with the parties entrust one of its members § 16 that court may. The rules of civil procedure on the procedure before the designated judge shall apply mutatis mutandis. Only judges are entitled to formal questioning of parties, witnesses and experts, to the recording of oaths and the logging of a comparison.

§ 17 all authorities are obliged at the request of the Court for assistance. The tax authorities have information on the unit value or the economic value of land or forstwirtschaftlicher to grant land at the request of the Court.

Article 18 when interim measures may be waived by the approval of the honorary judges and the application of § 14 para 2 if to arise a disadvantage by delaying the interim.

A court settlement article 19 contains provisions on the sale, encumbrance, or lease of land, so the Court of application instead of the otherwise competent can decide whether these provisions are approved or rejected according to the regulations of the land lease transport act according to the regulations on the marketing of agricultural or forestry land.

Section 20 (1) the Court may, without further volunteer judges over 1 the exclusion or rejection of the Court people, 2. an application for restitutio in integrum, 3. providing a thing due to lack of jurisdiction, 4. the inadmissibility of an application or an appeal, 5 the memory against the granting or rejection of the testimony of legal force;
6. the granting of legal aid and the modification of the authorisation, as well as the refusal of legal aid or the abolition of the authorisation on the grounds that the personal and economic circumstances of the applicant does not allow the grant of legal aid, 6a.
After section 585, matters of minor importance, insofar as it is not the decision in the main proceedings, 8, when the main thing done is the cost, decide the appointment of the expert b paragraph 2 of the civil code, 7.
(2) a court settlement can be closed with the District Court to the Chairman, at the higher regional court and in the Federal Court before the Chairman or an appointed judge; the honorary judge approval is not required.
(3) to determine the countries that the decision on the grant of a certificate of inheritance can also be done without approval an honorary judge and that to the extent the provisions of § 14 para 2 and 30, as well as article 38 para 3, § § 39, 41 para 1 sentence 2, §§ 58 and 66 of the law on the procedure in family matters and in matters of voluntary jurisdiction do not apply; the same applies to the confiscation and the cancellation of a certificate of inheritance.

Article 21 (dropped out) section 22 (dropped out) section 23 (dropped out) section 24 (dropped out) § 25 (dropped out) section 26 (dropped out) § 27 (dropped out) § 28 (dropped out) § 29 (dropped out) section 30 (1) the judicial decisions on the merits are only effective with the beginning of the legal force.
(2) the decision has an enforceable content, so the Court may declare enforceable it against or unfunded provisionally, the debtor on request also subside to avert the enforcement of safety performance.

Article 31 (dropped out) section 32 (1) in the proceedings to claim a land lease contract is the competent under national law authority to hear the approval authority and the agricultural and forestry vocational representation in the proceedings for approval of a legal sale and to load to a hearing.
(2) where pursuant to paragraph 1 the agriculture or the approval authority is to hear, you are to announce the decisions on the merits. The Agriculture authority or approval authority is superior authority insofar entitled to raise the appeal and the appeal against those decisions. She makes such a complaint, it is regarded as stakeholders.
(3) the State Government determines by regulation what organizations are considered agricultural or forestry professional organisations.

Article 32a the procedures on the basis of the provisions on the legal assignment of operations (§ 1 No. 2) to describe the request the items, whose assigning is requested. The allocated objects to are referred to in the decision on the allocation of the operation. The Chairman of the Court of first instance asked the land registry for registration of the purchaser after the occurrence of the legal force of the decision.

Article 33 (dropped out) at the same time with the decision the main thing to decide on section 34 is about the cost.

sections 35 to 41 (dropped out) section 42 off special reasons can the court order, that of collecting court costs wholly or partly is apart from. The decision can be issued only at the same time with the decision in the main.

§ 43 (dropped out) section 44 (1) several people are involved in proceedings, as the Court has discretion to decide who has to bear the costs and how to distribute them.
(2) in the case of a process that is initiated by the competent according to national law, the approval authority, the parent authority (article 32 paragraph 2) or the settlement authority or is based on its complaint or its request, at its reasonable discretion to decide whether and to what extent the cost to impose are other parties to the proceedings.

Section 45, the decision in the main proceedings may order the Court being the extrajudicial costs wholly or in part by a losing party to reimburse. This has to happen, if the party has caused the costs by an unfounded appeal or by gross negligence.

§ 46 (dropped out) section 47 (fallen away) third section contentious agricultural matters section 48 (1) in civil litigation of section 1 No. 1a is the code of civil procedure application. However, the § contact § 10 and 20 para 1 and 2 of this Act to replace the corresponding provisions of the code of civil procedure; § 315 para 1 sentence 1 of the code of civil procedure shall apply with the proviso that the honorary judge's signature is not required.
(2) sections 13 and 19 of this Act shall apply accordingly.

Paragraph 49 be fourth section additional, transitional and final provisions article 50 as far as provisions which under this Act remain in force or are not affected by this law, determine that a process that falls under section 1 occupied courts with agricultural advisors have jurisdiction, to the point of such courts the corresponding to the provisions of this Act occupied dishes; is intended that other assessors participate in place of agricultural advisors, so it retains this leave. As far as according to the rules referred to in sentence 1 provisions apply to the procedure used by section 60 override the corresponding provisions of this Act take their place.

Article 51 (1)
(2) the countries can determine that the provisions of this Act on contracts for the lease of fishing rights, as well as in the on the basis of § 11 of the land lease traffic law to apply procedures regulated completely or partially are; they may adopt additional rules that correspond to the peculiarities of this procedure.

Article 52 (dropped out) §§ 53 to 59 --section 60 (1) this Act enters into force on October 1, 1953.
(2) the following provisions enter override: 1 to 7 8 § 31 para 2, paragraphs 32 to 47, 54 of the Baden implementing regulation to the Allied Control Council Law No. 45 of December 11, 1948 (Badisches law and regulation sheet S. 217);
9 § 32 para 2, §§ 33 to 48, 55 of land transport and management-regulation of the State of Rhineland-Palatinate on 11 December 1948 (Act and regulation Journal of the land Government of Rhineland-Palatinate p. 447);
10 11.
12 § 32 para 2, §§ 33 to 50, 57 of the first execution law of the State of Württemberg-Hohenzollern to the Allied Control Council Law No. 45, of May 2, 1949 (Official Gazette for the land Württemberg-Hohenzollern p. 143);
13th to 16th (3) repealed the existing costs regulations, will apply as far as they for the procedure of the courts with agricultural advisors, including the rules regarding attorney fees. (So far regulations on the amount of goodwill and the court costs shall however continue to apply a) falling in the under § 1 No. 5, b) not covered by § 1 procedures, based on legislation in force permanent or does not affect permanent (§ 50).

61. this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. § I p. 1) also in the Federal State of Berlin.

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