Gerhard Schlichting

from Wikipedia, the free encyclopedia

Gerhard Schlichting (born December 28, 1944 in Hoya ) is a German lawyer who was a judge at the Federal Court of Justice from 1991 to 2009 .

Life

In 1974 Schlichting began his judicial career in Lower Saxony after completing his legal training . During his probationary period he was employed at the Hanover public prosecutor's office , at the Hanover regional court and the Lehrte and Hanover local courts . In 1977 he became a judge at the Hanover Regional Court. From 1982 to 1985 he worked as a research assistant at the Federal Constitutional Court as part of a secondment . From March 1986 he worked as a judge at the higher regional court in Celle in a civil senate of the higher regional court. Schlichting was appointed judge at the Federal Court of Justice in 1991 and was a member of the IV Civil Senate . He was also a member of the Grand Senate for Civil Matters and the Joint Senate of the highest federal courts . On December 31, 2009, he retired.

effect

As a member of the 4th Civil Senate, Gerhard Schlichting influenced the highest court rulings on inheritance law and insurance law . For example, a judgment on the handicapped will and a decision on the effectiveness of the succession in the Hohenzollern family based on an inheritance contract from 1938 became known to the public. The legal dispute between Georg Friedrich Prince of Prussia and his uncle Friedrich Wilhelm Prince of Prussia was about the Effectiveness of the house law of the House of Prussia, according to which Friedrich Wilhelm was excluded because of an allegedly inappropriate marriage. Noteworthy from the area of ​​inheritance law are a decision made by Schlichting on the compulsory portion of benefits under the Property Act if a property was expropriated before the inheritance in the GDR , as well as a judgment on the addition of compulsory portion because of gifts that a deceased deceased after German reunification the reunification in the GDR.

In insurance law, Schlichting drafted a decision on the pre-contractual reporting obligations of the policyholder by referring to data in a data collection that the insurer himself or with the consent of the policyholder maintains in association with other companies, a decision on the question of the constitutionality of a regulation according to the insurer after an insurance contract has been effectively challenged due to fraudulent deception, the premiums received since the conclusion of the contract and the scope and limits of the insurability of an employee in the daily sickness allowance insurance are allowed .

In addition to his judicial work, he also worked in law. Schlichting, for example, is the volume editor of the ninth volume of the Munich Commentary on the Civil Code, which is dedicated to inheritance law .

Web links

Individual evidence

  1. ↑ BGHZ 123, 368 ( Memento of the original from April 12, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . @1@ 2Template: Webachiv / IABot / www.lrz-muenchen.de
  2. ↑ BGHZ 140, 118 ( Memento of the original from January 11, 2005 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. = NJW 1999, 566  @1@ 2Template: Webachiv / IABot / www.lrz-muenchen.de
  3. ↑ Eugen Georg Schwarz, Controversy about Kaisers Erbe , Focus No. 51 (1998) of December 14, 1998.
  4. ↑ BGHZ 123, 76.
  5. ↑ BGHZ 147, 95.
  6. ↑ BGHZ 123, 224.
  7. ↑ BGHZ 163, 148.
  8. ↑ BGHZ 175, 322.
personal data
SURNAME Schlichting, Gerhard
BRIEF DESCRIPTION German lawyer and former judge at the Federal Court of Justice
DATE OF BIRTH December 28, 1944
PLACE OF BIRTH Hoya