Question juridique clé
Whether co-ownership of the three agricultural parcels had to be dissolved under Art. 36(2) BGBB or Art. 651 ZGB
Solution extraite
The special BGBB allocation rule did not apply because the parcels themselves were each part of the parties' agricultural holdings and the requested transfer would separate an ownership share from an existing farm; dissolution therefore fell under Art. 651 ZGB, and the claimant's request failed on the parties' pleadings.
Motifs extraits
Art. 36 BGBB is meant for allocation of a standalone agricultural parcel; it does not authorize extracting a co-ownership share from one co-owner's farm and transferring it to the other at yield value. The ordinary co-ownership rules are subsidiary.