The German Civil Code (also known as BGB) is the body of codified private law that went into effect in the German empire in 1900. It remains in effect and has been modified several times. The code is divided into five Parts. The first is general, covering concepts of personal rights and legal personality. The subjects of the other four parts are: obligations, including concepts of sale and contract; things, including immovable and movable property; domestic relations; and succession. OBLIGATIONS AND CONTRACTS. Book 2 concerns the law of obligations. General principles and rules are established as to duty to render performance, goof faith, damages, payment and performance. Articles 585-606 set out special rules applicable to farm lease, by which a plot of land together with the residential and utility buildings that serve its cultivation (business), or a plot of land without such buildings, is leased largely for purposes of agriculture. Agriculture means the cultivation of the soil and the livestock breeding associated with the use of the soil in order to produce plant or animal products, as well as horticultural production. The provisions on farm leases also apply to leases relating to forestry properties if the plots of land are leased for use in a predominantly agricultural business. PROPERTY AND REAL RIGHTS. Book 3 concerns law of property, including rules applicable to possession. Articles 873-902 govern rights in land. As a general principle, the transfer of the ownership of a plot of land, the encumbrance of a plot of land with a right and the transfer or encumbrance of such a right require agreement between the person entitled and the other person on the occurrence of the change of rights and the entry of the change of rights in the Land Register. As to possession, article 998 applies to farming costs for agricultural plot of land: it is stipulated that if possession of an agricultural plot of land is to be surrendered, the owner must reimburs the costs that the possessor incurred in connection with the fruits that are not yet separated but under the rules of proper management are to be separated before the end of the fiscal year to the extent that the costs are in keeping with proper management and do not exceed the value of these fruits. INHERITANCE. Rules on succession are laid down under both under Book 4 relating to family law (spouse and descendants) and under Book 5 whcih regulates the law of succession. Upon the death of a person (devolution of an inheritance), that person’s assets (inheritance) devolve as a whole to one or more than one other persons (heirs): this is the general principle set out in article 1922 on yuniversal succession. Liability of the heir for the obligations of the estate are laid down in article 1967 and subsequent provisions. It is worth noticing article 2049 on taking over of a farm: if the deceased directed that one of the co-heirs is to have the right to take over a farm that is part of the estate, then in case of doubt it is to be assumed that the farm is to be recognized at the capitalized value of the anticipated yield. The capitalized value of the anticipated yield is based on the net income that the farm, in accordance with its economic purpose to date, can give in the long term if properly managed. ANIMAL HUSBANDRY. Provisions on ownership of wild animals and bee swarms are ladi down under articles 960 and 961.
德国 · 1896-08-18