Reich Higher Commercial Court

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The Reichsoberhandelsgericht (ROHG) in Leipzig was a supreme court. It was established in 1869 as the Federal Higher Commercial Court in the North German Confederation . In 1879 the Reichsgericht replaced it.

history

The Federal Higher Commercial Court was created at the instigation of Saxony and Prussia by federal law of June 12, 1869. The court began its activities on August 5, 1870 and saw itself from then on in the tradition of the Reich Chamber Court . It was initially a higher court of the North German Confederation, from January 1, 1871 of the German Reich and as such was responsible for disputes under commercial law and bill of exchange law . His responsibilities were subsequently expanded in terms of location and subject matter. The court also acted in criminal matters. In criminal cases from Alsace-Lorraine, it replaced the French Court of Cassation after 1871 . Over time, the court was divided into several senates, and the president divided the cases into the individual senates. There was no singular admission ; any lawyer could plead in court. The court had to apply about 30 different rules of procedure.

As a rule, the ROHG was the court of the third instance guaranteed under Art. 12 of the Federal Act of 1815, but in special cases also of the second or fourth instance. For the member states it replaced the corresponding higher courts of the individual states and free cities in the factual competences exclusively assigned to it and took over the corresponding procedures for continuation from them. His judgments were initially made “in the name of the North German Confederation”, later “in the name of the German Empire”.

The jurisprudence of the ROHG had a lasting impact on the practice and teaching of German law on exchange .

After the Reich Justice Laws of 1878 came into force , the Reichsgericht took its place in 1879. The only president of the ROHG during its existence was Heinrich Eduard von Pape .

literature

  • A. Stegemann: The case law of the German higher commercial court in Leipzig. Berlin 1871 ff.
  • Th. Henne: "Jewish judges" at the Reich Higher Commercial Court and at the Reich Court until 1933 . In: Ephraim Carlebach Foundation (ed.), Antisemitism in Saxony in the 19th and 20th centuries, Dresden 2004, pp. 142–155.
  • Th. Henne: Legal harmonization of judges: Starting conditions, methods and successes in times of incipient state centralization analyzed using the example of the Higher Commercial Court . In: Continuities and turning points in European legal history, Frankfurt am Main: Lang. - 1999, pp. 335-355.
  • Axel Weiss: The decisions of the Reich Higher Commercial Court in criminal matters , Diss. Marburg 1996 (= Kriminalwissenschaftliche Studien Volume 22, Marburg 1997).
  • Sabine Winkler: The Federal and later Reich Higher Commercial Court - An examination of its external and internal organization as well as its judicial activity with special consideration of the commercial complaint . Paderborn 2001.

supporting documents

  1. ^ Emil Boyens (1848–1925): The lawyers at the Reichsgericht in the first 25 years of its existence, in: The first 25 years of the Reichsgericht, special edition of the Saxon Archives for German Civil Law on the 25th anniversary of the highest German court of law, p. 142; Section 10 of the Act on the Establishment of a Supreme Court for Commercial Matters of June 12, 1869 .

See also

Web links

Wikisource: Law establishing a Supreme Court for Commercial Matters. June 12, 1869  - Sources and full texts
Wikisource: Decisions of the Reich Higher Commercial Court  - Sources and full texts