Courts in the Grand Duchy of Oldenburg

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This article describes the court organization in the Grand Duchy of Oldenburg .

1814 to 1858

In the Duchy of Oldenburg, the French court organization was abolished in 1814 and the court organization that was valid before the French era was reintroduced. The highest court was initially the judicial office, from 1858 the Oldenburg Higher Appeal Court .

The first instance were the offices and the patrimonial courts . In the city of Oldenburg, the city syndic took on this task, in the cities of Delmenhorst and Jever (and from 1830 in Varel) the mayors.

Above that stood 7 ducal regional courts and the patrimonial Bentincksche regional court in Kniphausen (1828-1855).

In the Principality of Birkenfeld there were local courts for the three offices of Birkenfeld, Nohfelden and Oberstein. The second instance was the Justice Senate of the government of the Principality of Birkenfeld. In the Principality of Lübeck , the jurisdiction was in the first instance from the offices of Eutin, Großvogtei, Kaltenhof and Kollegiatstift; since 1843 only exercised by the offices of Eutin and Schwartau. The second instance here was the government judicial office in Eutin.

The Consistory worked according to the Cabinet rescript of 31 January 1817 judgment in matrimonial matters. In 1837 this task was transferred to the secular courts. On the Catholic side, the General Vicariate in Münster was a court in marriage matters. In 1831 the task was transferred to the Vechta Official Court and in 1858 to the secular courts.

Judicial reform 1858

Part of the March demands of 1848 was the separation of the judiciary from the administration . However, it took a whole decade before this claim was at least partially implemented. With the Courts Constitution Act of August 29, 1857, the judiciary was reorganized. The offices remained entrance authorities. However, the administration of justice and administration have been separated. In each office there was now, in addition to the bailiff, a judicial officer who was exclusively responsible for the jurisdiction in his office (it was therefore also spoken of the office as a district court).

The seven regional courts (the patrimonial regional court of Kniphausen had already been repealed in 1855) were dissolved and replaced by three higher courts of Oldenburg , Varel and Vechta . In Birkenfeld and Eutin , a higher court was also formed. Lower courts were the local courts of Birkenfeld, Oberstein and Nohfelden in the Principality of Birkenfeld and the judicial offices or district courts in Eutin and Schwartau for the Principality of Lübeck.

Kiel Treaty 1867

To settle Oldenburg inheritance claims to Holstein, Prussia ceded the town and the rural community of Ahrensbök to Oldenburg in the Kiel Treaty of February 23, 1867; Oldenburg set up its own local court for this newly acquired area. Thus there were now three Oldenburg local courts in the Principality of Lübeck.

1879

With the entry into force of the Reich Justice Acts , the court constitution was reorganized across the whole of the Reich on October 1, 1879. The Oldenburg Higher Appeal Court was converted into the Grand Ducal Oldenburg and Princely Schaumburg-Lippi Higher Regional Court of Oldenburg . According to the state treaty between the Grand Duchy and the Principality of Schaumburg-Lippe, the Higher Regional Court was responsible for the Duchy of Oldenburg and the Principality of Schaumburg-Lippe. This was (in addition to the Princely Schaumburg-Lippischen district court Bückeburg with 2 district courts) the district court Oldenburg subordinate.

At local courts in the district of the Oldenburg Regional Court:

  1. Brake District Court
  2. District court of Butjadingen , based in Ellwürden
  3. District Court of Cloppenburg
  4. District Court Damme (repealed around 1901/02 and re-established in 1913/14)
  5. District court Delmenhorst
  6. Elsfleth District Court
  7. Friesoythe District Court
  8. District court Jever
  9. District Court of Loweningen
  10. District Court of Oldenburg
  11. Varel District Court
  12. District court Vechta
  13. Westerstede District Court
  14. Wildeshausen District Court
  15. District court Rüstringen in Bant (from November 1, 1902)

The joint higher regional court ended 30 years later when Schaumburg-Lippe decided to sign a state treaty with Prussia on the connection of the regional court of Bückeburg to the district of the higher regional court of Celle.

For the Principality of Birkenfeld, three new types of local courts were initially set up:

  1. District court Birkenfeld
  2. Oberstein District Court
  3. District court Nohfelden and, due to the State Treaty between Oldenburg and Prussia, subordinated to the royal Prussian regional court Saarbrücken (see also courts in the Rhine province ).

The district court of Nohfelden was, however, repealed on June 1, 1882 and the district was merged with that of the district court of Birkenfeld. Birkenfeld handed over the municipalities of Kronweiler, Oberbrombach, Sonnenberg, Winnenberg, Leisel, Siesbach, Nockenthal and Rötsweiler to the Oberstein District Court. With effect from November 1, 1894, a district court was set up again for the mayor's office in Nohfelden (-Neunkirchen) and the aforementioned 8 communities came back from AG Oberstein to AG Birkenfeld.

In the Principality of Lübeck, the existing three old-type local courts were converted into

  1. the district court of Eutin
  2. the district court Schwartau and
  3. the district court of Ahrensbök .

All three were combined with the district court of the city of Lübeck to form a joint district court of Lübeck in the district of the Hanseatic Higher Regional Court of Hamburg .

1937

Due to the Greater Hamburg Act , the Lübeck part of the state came together with the previously independent Hanseatic City of Lübeck to the Prussian province of Schleswig-Holstein, and the Birkenfeld part to the Prussian Rhine province as the Birkenfeld district. Irrespective of this, as in all other countries, the sovereignty of the judiciary had already passed to the Reich in 1935 when the judiciary was brought into line. Through the law on the division of courts in Greater Hamburg and other parts of the area of ​​March 13, 1937 (RGBl. I, 312), the three local courts of the now Prussian district of Eutin were assigned to the higher regional court of Kiel as part of the district of Lübeck.
At the same time, the district courts of Rüstringen and Wilhelmshaven were merged into one district court in Wilhelmshaven.

For the Birkenfeld district courts nothing changed with regard to the judiciary until 1945.

literature

  • Werner envelope: The history of the highest regional court of Oldenburg (1573-1935), pp. 147–150 and 205–209
  • Carl Pfaffenroth: Yearbook of the German court constitution. 1880, p. 439 ff. Online

Individual evidence

  1. ↑ OGBl. Vol. 15 p. 801 ff.
  2. ^ VO of August 16, 1902
  3. ↑ VO of March 2, 1882 (Journal of Laws for Fsm.Birkenfeld, pp. 52-53)
  4. ↑ VO of September 2, 1894 (Journal of Laws for Fsm.Birkenfeld, pp. 193-194)