In this doctoral thesis a complete overview over the development of the exchange of leasehold since the beginning of the 40s is given, starting with the exchange of leasehold due to the war in the 40s and the land exchange procedure in Baden-Wurttemberg up to the development of today´s exchange of leasehold procedure in Rhineland-Palatinate. Following this, by analyzing the present agricultural structures it is demonstrated in which regions in Germany the realisation of exchange of leasehold is urgently needed. To what extent the procedure is really used in the single federal states up to now is shown with the help of survey results. Besides this, the basic conditions specified in the Civil Code, the LPachtVG, the FlurbG, and the LwAnpG are examined under which exchanges occur nowadays. Because partly the procedure still shows serious problems, comprehensive suggestions are made to eliminate these difficulties. Since, regarding their agricultural structures, other European states partly have problems similar to those in Germany, their proceedings are looked at with regard to the reorganization of leasehold. It is also examined to which extent the taking over of their regulations might simplify the proceedings in Germany. By the examination of ten example procedures and with the help of topical literature general conclusions are derived for the realisation of exchange of leasehold. Finally, on the basis of the preceding investigations first suggestions for the change of the basic conditions are introduced.
« In this doctoral thesis a complete overview over the development of the exchange of leasehold since the beginning of the 40s is given, starting with the exchange of leasehold due to the war in the 40s and the land exchange procedure in Baden-Wurttemberg up to the development of today´s exchange of leasehold procedure in Rhineland-Palatinate. Following this, by analyzing the present agricultural structures it is demonstrated in which regions in Germany the realisation of exchange of leasehold is...
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