Kernrechtsfrage
Whether transfer of agricultural land to a family foundation is exempt from BGBB approval under Art. 62 lit. b BGBB.
Extrahierter Entscheid
No. The list of privileged acquirers in Art. 62 lit. b BGBB is exhaustive and does not include a family foundation.
Extrahierte Begründung
Transfers of agricultural land are generally subject to approval under Art. 61 BGBB. The appellant’s reliance on Art. 62 lit. b BGBB failed because that exception covers only the enumerated close relatives of the seller, not a foundation, even if family members are beneficiaries.