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Deutsch | courts | Grundwort | fehlt |
Fachbebiet | fehlt |
Trennung: | courts |
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Worttyp | fehlt |
| BGB 1059a. 1 If a usufruct is held by a legal person , it is transferable under the following provisions : Where the property of the legal person , by way of universal succession , passes to another , the usufruct too passes to the successor in title , unless passing is expressly excluded . Where another enterprise operated by a legal person or a part of such an enterprise is transferred to another , a usufruct may also be transferred to the acquirer if it is suitable to serve the purposes of the enterprise or of the part of the enterprise . Whether these requirements are satisfied is established by a declaration of the competent Land authority . The declaration binds the courts and the administrative authorities . The Land governments specify the competent Land authority by statutory order . The Land governments may , by statutory order , transfer the authorisation to the Land justice administration authorities . |
| GG 10. 2 Restrictions may be ordered only pursuant to a law . If the restriction serves to protect the free democratic basic order or the existence or security of the Federation or of a Land , the law may provide that the person affected shall not be informed of the restriction and that recourse to the courts shall be replaced by a review of the case by agencies and auxiliary agencies appointed by the legislature . |
| GG 14. 3 Expropriation shall only be permissible for the public good . It may only be ordered by or pursuant to a law that determines the nature and extent of compensation . Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected . In case of dispute concerning the amount of compensation , recourse may be had to the ordinary courts . |
| GG 19. 4 Should any person's rights be violated by public authority , he may have recourse to the courts . If no other jurisdiction has been established , recourse shall be to the ordinary courts . The second sentence of paragraph ( 2 ) of Article 10 shall not be affected by this paragraph . § II . |
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