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학술논문영남법학2018.12 발행

Möglichkeiten und Grenzen der Steuerung des landwirtschaftlichen Grundstücksmarktes durch das GrdstVG

The possibility and limitation of the adjustment of the farmland market in the German Land Transactions Act

Christiane Graß(lawyer in Germany)

47호, 31~56쪽

초록

According to the German Land Transactions Act, which aims to limit real estate transactions under legal regulations, it requires the approval in the real estate laws for every legal transfer of farmland and also extends the approval for each legal act. At this time, the problematic part is the recognition and transfer of co-owned share of the land, the transfer of the share of inheritance to a coheir, and the establishment of the usufructuary right of the land. This study examined each issue in detail by distinguishing it from the rejection of approval under Article 9 of the German Land Transactions Act, change and limitation of the law, the exception of approval as an opportunity to make a detour, and the acquisition of agricultural occupation according to the death. A desirable way to preserve the agricultural structure and to protect the farmland is to regard the penetration of the agricultural structure by capital investors as a risk and to introduce the prohibition system to hold permission when acquiring the share in the association

Abstract

According to the German Land Transactions Act, which aims to limit real estate transactions under legal regulations, it requires the approval in the real estate laws for every legal transfer of farmland and also extends the approval for each legal act. At this time, the problematic part is the recognition and transfer of co-owned share of the land, the transfer of the share of inheritance to a coheir, and the establishment of the usufructuary right of the land. This study examined each issue in detail by distinguishing it from the rejection of approval under Article 9 of the German Land Transactions Act, change and limitation of the law, the exception of approval as an opportunity to make a detour, and the acquisition of agricultural occupation according to the death. A desirable way to preserve the agricultural structure and to protect the farmland is to regard the penetration of the agricultural structure by capital investors as a risk and to introduce the prohibition system to hold permission when acquiring the share in the association

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Möglichkeiten und Grenzen der Steuerung des landwirtschaftlichen Grundstücksmarktes durch das GrdstVG | 영남법학 2018 | AskLaw | 애스크로 AI