District court Weißwasser

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District court in the left part of the town hall building

The District Court of Weißwasser ( Upper Sorbian Hamtske sudnistwo Běła Woda ) is a court of ordinary jurisdiction and one of a total of 30 district courts in the Free State of Saxony .

Seat and District of the Court

The judicial district of the district court Weißwasser includes all communities of the district of Lower Silesian Oberlausitzkreis with the exception of the communities assigned to the district court district of Görlitz . Since January 1, 2001, these have been the towns and communities of Bad Muskau , Boxberg / OL , Gablenz , Groß Düben , Hähnichen , Hohendubrau , Klitten , Krauschwitz , Kreba-Neudorf , Mücka , Niesky , Quitzdorf am See , Rietschen , Rothenburg / OL , loop , Trebendorf , Waldhufen , Weißkeißel and Weißwasser itself ( Section 1, Paragraph 4, Annex No. 23 of the Saxon Justice Act).

However, the Dresden District Court is responsible for keeping the trade , cooperative , partnership and property law register for all cities and municipalities in the district .

The court has its seat in Weißwasser .

history

The district court was established by a Prussian law of June 16, 1909 and has existed since October 1, 1911. The building of the court on the market square was built by the community and then rented to the judicial administration. The building currently still in use by the district court is now too small for the district court to run. There are therefore plans to rent the premises of the neighboring town hall of Weißwasser by the Saxon state enterprise property management. However, the expansions can take place in 2009 at the earliest.

Superior courts

The District Court of Görlitz is directly superior to the District Court of Weißwasser . The competent higher regional court has its seat in Dresden .

decisions

A referral decision by the local court, in which it represented an opinion on local jurisdiction that differed from the highest court rulings and the prevailing opinion , led to a decision by the Federal Court of Justice in 2002 . In this decision, the Federal Court of Justice clarified that, contrary to the views of the OLG Schleswig and the OLG Naumburg, it is not sufficient for a referral decision to deviate from the almost unanimous or overwhelming opinion so that it is arbitrary and therefore not binding. The decision of AG Weißwasser at the time to refer a legal dispute to AG Alsfeld is therefore binding according to Section 281 (2) sentence 4 ZPO.

See also

Web links

Individual evidence

  1. ↑ Dresden District Court: Concentration of register competencies ( Memento of February 24, 2011 in the Internet Archive )
  2. ↑ Law on the establishment of a local court in Weißwasser and the change of the district court districts Muskau and Triebel of June 16, 1909, PrGS p. 488
  3. ↑ Ordinance regarding the coming into force of the law of June 16, 1909 of June 6, 1911, PrGS p. 78
  4. ↑ "Risk of fire and barriers in the district court", Radio Lausitz of July 7, 2008
  5. ↑ Martina Hanold, district court Weißwasser wants to grow , Lausitzer Rundschau
  6. ↑ BGH, decision of July 9, 2002, Az. X ARZ 110/02

Coordinates: 51 ° 30 ′ 19.2 "  N , 14 ° 38 ′ 43.1"  E