BGH, December 3rd, 2014 - IV ZB 9/14
Compulsory portion right: scope of an obligation of the heir to ...
Whether a right still exists after the death of the testator and constitutes an object of the estate is, however, a preliminary question that must be distinguished from this and which must be linked separately in terms of conflict of laws (BGH, judgment of June 10, 1968 - III ZR 15/66, BB 1969, 197).BGH, 02/13/2020 - V ZB 3/16
Fulfillment of the formal requirements of a conveyance before someone not in Germany ...
He only decided that it would not be objectionable in terms of revision law if the relinquishment of land located in Germany, certified by an American notary, was not considered to meet the requirements of § 925 BGB (BGH, judgment of June 10, 1968 III ZR 15/66, WM 1968, 1170, 1171).KG, May 27, 1986 - 1 W 2627/85
Notarization of the conveyance by a foreign notary
According to Art. 11 Para. 2 EGBGB, the latter does not apply to a legal transaction through which a right to a thing is established or which has such a right, i.e. not even to a property law transaction of the type given here The question whether the relinquishment of an ã? RunastucKs beleaten in the area of application of 6 925 BGB can be declared effectively before a foreign notary because of the prevailing nature of this prescription has been denied almost unanimously in the case law and literature of the last three decades (BGH WM 1986, 1170, 1171äEUR DNotZ 1969, 300 ; OLG K6ln OLGZ 1972, 321 äEUR DNotZ 1972, 489 = Rpfleger 1972, 134; ... Jansen, loc. Cit .; ... RGRK / Augustin, 12th ed. 1979, § 925, Rd.-No. 69;… Haegele / Sch6ner / St6ber, Land Register Law, 8th edition 1986, circular no. 3337; H6fer / Huhn, General Document Law, 584, 587; MUnchKomm / Spellenberg, Art. 11 EGBGB, Rd.-No. 9).BGH, December 9th, 1968 - III ZR 114/66
Principles for measuring expropriation compensation for land
The ordinance of August 7, 1961 (Federal Law Gazette I 1163) applied by the revision is only binding for the expert committees, not for the courts (including judgment of the Senate of January 24, 1966 - III ZR 15/66 -).