Reichserbhofgesetz

The Hereditary ( RGBl. I 1933, 685 ) for the Third Reich was adopted on September 29 (two days before Thanksgiving ) in 1933 by the Nazi government. It served to the courts " to protect indebtedness and fragmentation through inheritance " before, so took older agricultural policy objectives of Meier law again and was also an expression of Nazi blood and soil ideology.

Around 35% of agricultural and forestry estates in the German Reich could be explained to " Erbhöfen " until the war ended. The enrollment in the Erbhofrolle was not mandatory, such as membership in Reichsnährstand. For the family farm was now forced the Anerbenrecht, regardless of whether he was in a Anerben or real division area. The soil was an inalienable good and thereby got the character of a res extra commercium. This reorganization went back to ideas of the 19th century, that the peasant land ownership must be solved from the " capitalist market " out. With these ideas a mythisierende definition of the farmers was associated as a " source of life of the Nordic race " as it was formulated in 1928, is the leading Nazi Agrarideologe and Minister for Agriculture and Food, Richard Walther Darré.

The size of the farm had to be between 7.5 ha and 125 ha. This size was politically desirable production, because 7.47 ha was the size that is sufficient in general to feed a peasant family. The Erbhofeigentümer was designated by law as a farmer and all others as farmers. The § 13 said: " ... farmer can only be one who is of German or kindred blood. German or kindred blood is not who has among his ancestors on the paternal or maternal Jewish or colored blood ... ". As a tribe the same blood but novels or Slaven apply ( comment of acid ). While this provision of the exclusion of "non- Aryan" population groups served, enabled the provisions that the owner of the farm " bauer capable " and must be " honorable ", a proprietor of mental illness, mental deficiency, alcoholism or waste denying the economic capability and launch a " Abmeierungsverfahren ".

The law relied quite heavily on the historic old Hanoverian Meier law. As this had an ambiguous result. Although the decreed in Hereditary inalienable of agricultural land, the prohibition of load and enforcement kept many yards before the foreclosure sale, but closed the farmers from access to loans from. Therefore, soon after the enactment of the law special Anerbegerichte were convened to but would allow the court as security for loans in some cases. Because of the inalienable of the soil was a widespread dissatisfaction because the farmers could no longer have as owner and their farms, but acted as administrator. In addition, the remaining available agricultural land was scarce and expensive, making the opportunities for advancement of rural workers were prevented. Peasant children who had to deviate from the court because of the Anerbenbestimmung, it was considerably more difficult to acquire own courtyards. The rigid order of succession of the law discriminated against female family members. Only after the law was amended several times to appease the peasants, such as the creation of the so-called Anerbengerichte, it was accepted by the majority of farmers, from 1943, for example, women could attain the status of a Erbhofbäuerin.

Subsequent changes and additions to the quite technically deficient Reichserbhofgesetzes carried out mainly by the Erbhofrechtsverordnung ( EHRV ) 1936 ( Reich Law Gazette I p 1069) and the Erbhoffortbildungsverordnung ( EHFV ) from 1943 ( Reich Law Gazette I, p 549 ). Procedural law was primarily the Erbhofverfahrensordnung ( EHVfO ) 1936 ( Reich Law Gazette I p 1082 ).

After the "Anschluss " of Austria occurred on July 27, 1938, the provisions of Erbhofrechts in Austria in force ( Regulation on the introduction of Erbhofrechts in the land of Austria ( ÖEHVR ) RGBl. I, p 935 ). The lifting of the Erbhofrechts performed for the area of the Republic of Austria by the law of the Provisional Government of September 19, 1945 ( StGBl. No 174/ 1945).

1947 Erbhofrecht were abolished by the Allied Control with the Control Council Law No. 45 also in Germany. Instead, the courts order was issued for the British zone of occupation.

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