Unresolved questions of farm law following from the decision of the Federal Constitutional Court on paragraph 1376 of section 4 of the Civil Code

Stocker, H.A.; Stocker, H.A

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Unresolved questions of farm law following from the decision of the Federal Constitutional Court on paragraph 1376 of section 4 of the Civil Code

Stocker, H.A.

Agrarrecht 16(3): 65-69

1986

Document Number: 339854

The decision throws doubt on some aspects of the privileged position which farm property holds in GFR law as against other landed property. The following aspects are discussed: (1) whether paragraph 13 of the Farm Regulation (HofeO) must be amended; (2) the harmonization of legislation on farms and other landed property; (3) the legal position as regards valuation based on earnings capacity and the need for standard federal regulations; and (4) whether changes are necessary in paragraph 1376 of Section 4 of the Civil Code itself.