Question juridique clé
Whether the plaintiff had a right to allocation of the inherited parcels under Art. 21(1) BGBB
Solution extraite
No. The plaintiff did not already own or economically control an agricultural enterprise, so he had no allocation right under Art. 21(1) BGBB.
Motifs extraits
For Art. 21(1) BGBB, the claimant must already have an agricultural enterprise on the basis of ownership or equivalent economic control. Leasehold land is not sufficient, and the claimant's own owned land was too small to constitute a farm enterprise.