Dishes in the Rhine Province
This article describes the judicial organization in the Prussian Rhine Province and the predecessor provinces of the Province of the Grand Duchy of Lower Rhine and the Province of Jülich-Kleve-Berg, which were formed in 1815 .
From the founding of the Rhine Province to the Courts Constitution Act
The Rhine Province was divided into two parts in terms of judicial organization. The part on the left bank of the Rhine and the former Grand Duchy of Berg were shaped by French law and French jurisdiction, while the part on the right bank of the Rhine was shaped by a large number of different legal traditions. In the Duchy of Kleve , the old Prussian legal system and court organization were restored, in the former Nassau areas the Nassau court organization. The former Solms offices and the city court in Wetzlar completed the courts on the right of the Rhine.
For the previous court organization see court organization of the left bank of the Rhine and court organization in the Grand Duchy of Berg and court organization in the Grand Duchy of Frankfurt (for the Wetzlar exclave).
Left bank of the Rhine and mountain
Ordinary jurisdiction
1814 to 1820
With the First Peace of Paris on May 30, 1814, France had to cede the territories it had won in the coalition wars and regained its borders from 1792. On the right bank of the Rhine, the duchies of Berg and Kleve were combined in the French satellite state of the Grand Duchy of Berg. This was also conquered by the Allies in 1814. Prussia received large parts of these areas.
Between the end of 1813 and May 1814 civil governors general took over the administration of the conquered territories on behalf of the allies. On the basis of the found French administrative and judicial constitution, order should be maintained. The previous peace courts remained, the tribunals of the 1st instance were merely renamed "district courts". As upper courts passed:
- Revisionshof Koblenz (established on May 6, 1814, closed on July 14, 1819)
- Kassationshof Düsseldorf (established on February 11, 1814, dissolved on July 15, 1819)
There were three courts of appeal :
- Court of Appeal Düsseldorf (subordinate to the Düsseldorf Court of Cassation)
- Court of Appeal Cologne (subordinate to the Koblenz Court of Appeal )
- Court of Appeal Trier (subordinate to the Koblenz Revisionshof)
The district courts and commercial courts were subordinate to the courts of appeal :
| District / Commercial Court | Seat | Appeal Court | Remarks |
|---|---|---|---|
| District Court Düsseldorf | Dusseldorf | Court of Appeal Düsseldorf | |
| District court Mühlheim am Rhein | Mühlheim am Rhein | Court of Appeal Düsseldorf | Dissolved on September 30, 1819. The receiving court was Cologne |
| Commercial court of Elberfeld | Elberfeld | Court of Appeal Düsseldorf | |
| District Court of Aachen | Aachen | Court of Appeal Cologne | |
| District Court of Cologne | Cologne | Court of Appeal Cologne | |
| District Court of Bonn | Bonn | Court of Appeal Cologne | Dissolved on July 14, 1819. The receiving courts were Koblenz and Cologne. |
| District Court of Malmedy | Malmedy | Court of Appeal Cologne | Dissolved on October 14, 1819. The receiving court was Aachen |
| District Court Krefeld | Krefeld | Court of Appeal Cologne | Dissolved from July 20, 1820. The receiving courts were the district courts of Düsseldorf, Kleve and Aachen |
| District Court of Kleve | Kleve | Court of Appeal Cologne | |
| Cologne Commercial Court | Cologne | Court of Appeal Cologne | |
| Commercial court of Aachen | Aachen | Court of Appeal Cologne | |
| Krefeld Commercial Court | Krefeld | Court of Appeal Cologne | |
| District Court Trier | trier | Trier Court of Appeal | |
| District court Echternach | Echternach | Trier Court of Appeal | |
| District Court Kusel | Kusel | Trier Court of Appeal | was not Prussian, was dissolved in March 1816 |
| District court St. Wendel | St. Wendel | Trier Court of Appeal | 1817 from February 10th transfer of parts of the district to the Principality of Lichtenberg , parts remaining Prussian distributed to district courts of Trier and Saarbrücken |
| District Court Saarbrücken | Saarbrücken | Trier Court of Appeal | Disbanded on October 1, 1819. The receiving court was Trier |
| District Court Simmern | Simmer | Trier Court of Appeal | Disbanded on July 31, 1820 |
| District Court Koblenz | Koblenz | Trier Court of Appeal | |
| District Court of Prüm | Prüm | Trier Court of Appeal | Disbanded on October 10, 1819. The receiving courts were Trier and Aachen |
| Commercial court Koblenz | Koblenz | Trier Court of Appeal | |
| Trier Commercial Court | trier | Trier Court of Appeal |
The courts of justice were subordinate to the district courts:
With the Second Peace of Paris in 1815, the Prussian territory was expanded again. This affected the district courts in Saarbrücken and St. Wendel. After the first Peace of Paris, Saarbrücken remained with France. The Saarbrücken district court therefore had its seat in France and was only responsible for small parts of its later district. Parts of the arrondissement of Thionville remained with France, so that the district court in St. Wendel was formed for the rest. After the Second Peace of Paris, Prussia received the entire Saar area and the Saarbrücken district court was expanded.
St. Wendel and the surrounding areas were handed over to Coburg as the Principality of Lichtenberg . The courts in question therefore left Prussia until they returned in 1834. For the court organization there, see Principality of Lichtenberg # Government, Administration and Justice Organization .
1820 to 1879
In 1820 the court organization in the left bank of the Rhine province was reorganized. For this purpose, the Immediatjustizkommission under Christoph von Sethe was formed by cabinet order of June 20, 1816 . The basic principles of the French judicial organization continued to apply. The highest court was the Rhenish Senate at the Prussian Upper Tribunal . Among them was the Cologne Court of Appeal , which had the function of the court of appeal . The courts subordinate to him were no longer called district courts, but regional courts. The initial instance was the peace courts as courts of first instance, which were reorganized from September 1, 1821, whereby the districts were also adapted to the administrative boundaries that had changed three years earlier.
Originally there were six regional courts from August 1, 1820. In 1834 the Elberfeld Regional Court was separated from the Düsseldorf Regional Court, the Saarbrücken Regional Court from the Trier Regional Court in 1835 and the Bonn Regional Court from the Cologne Regional Court in 1850 .
Commercial courts
| Commercial court | Seat | Judicial district | Remarks |
|---|---|---|---|
| Commercial court of Aachen | Aachen | District Court District Aachen | |
| Barmen Commercial Court | Barmen | Circle of Barmen and Lennep | from January 4, 1866 |
| Commercial court Koblenz | Koblenz | District Court District Koblenz | |
| Cologne Commercial Court | Cologne | District Court of Cologne | |
| Krefeld Commercial Court | Krefeld | the left-bank part of the district of the district court Düsseldorf without the district Gladbach and the district Grevenbroich and part of the districts Geldern and Kempen from the district of the district court Cleve | from 1834 |
| Commercial court of Düsseldorf | Dusseldorf | District of Düsseldorf and Opladen Court of Justice | from October 1, 1862 |
| Commercial court of Elberfeld | Elberfeld | Elberfeld District Court | |
| Commercial court of Gladbach | Gladbach | District of Gladbach , District of Grevenbroich and part of the District of Kempen | from December 30, 1846 |
| Trier Commercial Court | trier | Trier District Court |
In Bonn, Saarbrücken and Cleve (unless otherwise assigned) the regional courts also form the commercial courts.
Commercial courts
The following twelve commercial courts were set up:
- Trade court Aachen
- Barmen Commercial Court
- Commercial Court Burscheid (Solingen district)
- Cologne Commercial Court
- Krefeld Commercial Court
- Trade court Düsseldorf
- Elberfeld Commercial Court
- Gladbach Commercial Court
- Lenepp Commercial Court
- Commercial court Mühlheim am Rhein
- Commercial court Remscheid
- Solingen Commercial Court
Rhine customs courts
The following fifteen Rhine toll courts were set up (at the respective peace courts):
- Rhine customs court St. Goar
- Rhine customs court Boppard
- Rheinzollgericht Metternich
- Rhine customs court Sinzig
- Rhine customs court Bonn I
- Rhine customs court Cologne I
- Rheinzollgericht Koenigswinter
- Rheinzollgericht Mühlheim
- Rhine customs court in Dormagen
- Rheinzollgericht Neuss
- Rheinzollgericht Uerdingen
- Rheinzollgericht Andernach
- Rhine customs court in Rheinberg
- Rhine customs court Xanten
- Rhine customs court in Düsseldorf
More dishes
Other dishes in the Rhine Province were:
- General
- the court for conflicts of jurisdiction in Berlin
- Spiritual dishes
- Episcopal Office of Trier (first instance)
- Archbishop's Office of Cologne (first instance)
- Metropolitan Area Cologne (second instance)
- Prosynodal Court Cologne (third instance)
- Disciplinary Courts
- District Courts (first instance)
- Court of Appeal Cologne (second instance)
- Disciplinary Senate of the Upper Tribunal in Berlin (third instance)
- University Courts
-
Military courts
- In the respective garrisons (first instance)
- General auditor in Berlin (second instance)
Right bank of the Rhine
Ordinary jurisdiction
On the right bank of the Rhine, a Berg Generalgouvernement had been formed since November 1813 for the provisional administration of the Grand Duchy of Berg; the formerly Prussian areas of the Grand Duchy were shortly afterwards transferred to the Generalgouvernement between Weser and Rhine , in which the conquests belonging to the Kingdom of Westphalia since 1807 were combined. In the formerly Prussian areas to the right of the Rhine, the Prussian general land law was reintroduced. The Emmerich Higher Regional Court was set up for the previous Duchy of Kleve , Geldern and Mörs . This dish was moved to Kleve in late 1815 and to Hamm in Westphalia in 1820. Court structure:
Only this small part of the OLG district belonged - administratively - to the Rhine province. The majority was assigned to the province of Westphalia .
For the formerly Solms and Nassau areas:
The revision instance was the Koblenz revision court and after its dissolution in 1819 the Cologne appeal court . A separate department had been set up there for the East Rhenish areas.
The court of second instance was the Ehrenbreitstein Justice Senate . The Wetzlar City Court and seven state justice offices were subordinate to this . Furthermore, there were three princely Solms, two princely Neuwied, three princely Wied-Runkel and one princely Hatzfeld patrimonial courts of first instance in the judicial district . From 1828 there were two patrimonial courts of second instance with the Princely Solms-Braunfels government for the Solms' offices and the Fürstlich Wiedschen superior court in Neuwied (or from 1827 the department for judicial matters of the Princely Wied government ).
The judicial offices (they were also referred to as offices; since the administrative tasks had been transferred to the districts, they were functional judicial offices)
| dish | Middle court | Seat | Explanations |
|---|---|---|---|
| Atzbach Justice Office | Justice Senate Ehrenbreitstein | Atzbach | |
| Altenkirchen Justice Office | Justice Senate Ehrenbreitstein | Altenkirchen | |
| Freusburg Justice Office | Justice Senate Ehrenbreitstein | Freusburg | |
| Justice Office Friedewald | Justice Senate Ehrenbreitstein | Friedewald | |
| Justice Office Linz | Justice Senate Ehrenbreitstein | Linz | |
| Justice Office Ehrenbreitstein | Justice Senate Ehrenbreitstein | Ehrenbreitstein | |
| Hammerstein Justice Office | Justice Senate Ehrenbreitstein | Hammerstein | later based in Bendorf |
| Neuwied Justice Office | Princely Wiedsches High Court | Neuwied | |
| Justice Office Heddesdorf | Princely Wiedsches High Court | Heddesdorf | later based in Neuwied |
| Dierdorf Justice Office | Princely Wiedsches High Court | Dierdorf | |
| Altenwied Justice Office | Princely Wiedsches High Court | Altenwied | |
| Justice Office Neuerburg | Princely Wiedsches High Court | Neuerburg | |
| Braunfels Justice Office | Princely Solms-Braunfels government | Braunfels | |
| Justice Office Greifenstein | Princely Solms-Braunfels government | Greifenstein | |
| Justice Office Hohensolms | Justice Senate Ehrenbreitstein | Hohensolms | |
| Justice Office Schönstein | Justice Senate Ehrenbreitstein | Schönstein | Princely Hatzfeld'sches patrimonial court |
| Berggericht Kirchen | Justice Senate Ehrenbreitstein | Churches | For the offices of Altenkirchen, Freusburg, Friedewald and Schönstein |
| Mining Court Linz | Justice Senate Ehrenbreitstein | Linz | For the Linz office |
| Berggericht Waldbreitbach | Princely Wiedsches High Court | Waldbreitbach | For the county of Wied |
| Wetzlar City Court | Justice Senate Ehrenbreitstein | Wetzlar |
There were also church courts. For the Catholic Church, these were the apostolic vicariates in Ehrenbreitstein for the Diocese of Trier and in Deutz (for the Archdiocese of Cologne ) until 1821 . Even after their dissolution, judicial competence remained with the dioceses. On the Protestant side, the judicial function of the Nassau consistory was transferred to the Ehrenbreitstein Justice Senate in 1815. Under this, however, consistorial convents continued to exist as church courts of first instance. These were set up in Altenkirchen, Braunfels and Hohensolms. The consistory was also restored in Wetzlar in 1814. However, its judicial function was transferred to the city court in 1818.
In the area of voluntary jurisdiction, a number of jury courts, land clerks and mixed courts remained.
After the repeal of the patrimonial courts in 1849/1850, the Justice Senate Ehrenbreitstein was the Prussian appellate court of second instance and responsible for the district courts of Wetzlar , Altenkirchen and Neuwied . Court commissions were arranged as branch offices below. The mountain courts had also been repealed. This resulted in the following court structure:
Rhine customs courts
The following Rhine toll courts were set up (at the respective court deputations):
- District of the Justice Senate Ehrenbreitstein
- District of the Hamm Court of Appeal
According to the Courts Constitution Act
Ordinary jurisdiction
With the entry into force of the German Courts Constitution Act , the nationwide uniform court structure was implemented. The Cologne Court of Appeal was transformed into the Cologne Higher Regional Court with its seat in Cologne. It was responsible for the part of the Rhine Province previously responsible for the Court of Appeal and for the three district courts of the Oldenburg region of the Principality of Birkenfeld .
The nine regional courts were redesigned according to the requirements of the GVG, but otherwise retained, only the districts were redefined.
The 125 peace courts were replaced by 108 Prussian local courts, to which the three local courts of the Principality of Birkenfeld were added on the basis of the State Treaty with the Grand Duchy of Oldenburg of August 20, 1878; it now existed:
On the right bank of the Rhine, the courts of the former Duchy of Cleve now belonged to the Duisburg Regional Court in the district of the Hamm Higher Regional Court and the parts of the country previously subordinate to the Ehrenbreitstein Justice Senate came to the Frankfurt am Main Higher Regional Court, divided between the Neuwied and Limburg districts, still because of the peculiarities of the "Rhenish law", the scope of which remained combined in the Cologne Higher Regional Court.
In detail, the local courts belonged to the Hamm Higher Regional Court:
In the district of the Higher Regional Court of Frankfurt am Main, these were the local courts:
By the law of May 2, 1905, the Düsseldorf Higher Regional Court was formed on September 16, 1906 from parts of the Hamm and Cologne Higher Regional Courts. The two new regional courts of Krefeld and Mönchengladbach were created on the same date .
In addition, the following local courts were newly formed:
| District Court | Seat | district Court | Educated | Dissolved |
|---|---|---|---|---|
| District Court of Kirn | Kirn | Bad Kreuznach District Court | formed April 1, 1892 | |
| District court Velbert | Velbert | District Court Wuppertal | formed April 1, 1893 | Consists |
| District Court Ohligs | Ohligs | District Court Wuppertal | formed April 1, 1895 | |
| District court Ronsdorf | Ronsdorf | District Court Wuppertal | formed April 1, 1896 | 1932 |
| Lechenich District Court | Lechenich | District Court Cologne | formed July 1, 1897 | 1983 |
Rhine navigation courts
- Bonn District Court
- Koenigswinter District Court
- Rheinberg District Court
- District court Xanten
- Andernach District Court
- District court Boppard
- District court Koblenz
- St. Goar District Court
- District court Sinzig
- Cologne District Court
- District court Mühlheim am Rhein
- District Court Dusseldorf
- District court Uerdingen
Commercial courts
In addition to the trade courts, there were three mining trade courts between 1901 and 1927:
Administrative jurisdiction
With the "Law on the Constitution of Administrative Courts and Administrative Disputes Proceedings" (VGG) of 1875 and the "Law on the Competences of Administrative Authorities and Administrative Court Authorities" (Competence Law) of July 26, 1876, an administrative jurisdiction was created in Prussia. These laws initially only applied in the eastern provinces. It was not introduced into the western provinces until the second half of the 1880s.
The Prussian Higher Administrative Court stood at the top of the administrative jurisdiction . At the administrative district level, the following district administrative courts were set up as a second instance:
- District Administrative Court Koblenz
- District Administrative Court Düsseldorf Dept. I
- District Administrative Court Düsseldorf Dept. II
- District administrative court Cologne
- District administrative court Trier
- District Administrative Court of Aachen
The first instance that served county administrative courts , which were established in each county.
Labor jurisdiction
With the Labor Court Act of December 23, 1926, labor courts were established. In 1927, eight regional labor courts were set up in the Rhine Province, which were organizationally part of the respective regional courts. 38 independent labor courts (including one in the district of the OLG Hamm, 18 at the OLG Düsseldorf, 17 at the OLG Cologne and two at the OLG Frankfurt) were created as the first instance.
| Labor court | State Labor Court | OLG district |
|---|---|---|
| Regional Labor Court Essen | Higher Regional Court of Hamm | |
| Regional Labor Court of Düsseldorf | Higher Regional Court of Düsseldorf | |
| Regional Labor Court of Duisburg | Higher Regional Court of Düsseldorf | |
| Elberfeld Regional Labor Court | Higher Regional Court of Düsseldorf | |
| Regional Labor Court Krefeld | Higher Regional Court of Düsseldorf | |
| Regional Labor Court Aachen | Higher Regional Court of Cologne | |
| Regional Labor Court Koblenz | Higher Regional Court of Cologne | |
| Regional Labor Court of Cologne | Higher Regional Court of Cologne | |
| Regional Labor Court Aachen | Higher Regional Court of Cologne |
Other dishes
Dishes in the broader sense were
- the upper insurance office and the insurance offices
- from 1919 the military supply courts
- the General Commission for the Rhine Province of Düsseldorf
- the court of arbitration of the knightly Rhenish nobility in Düsseldorf
- the 102 local courts in the district of the former Justice Senate Ehrenbreitstein
- Dissolution offices for family estates (1921 to 1935)
- Dissolution Office for Family Goods Cologne (1921 to 1935) (Merged into the Dissolution Office for Family Goods Cologne)
- Liquidation office for family estates Cologne (1921 to 1935) (absorbed into the Fideikommisssenaten of the higher regional courts)
- Usury dishes
- During the Allied occupation of the Rhineland in 1920, extraordinary courts-martial were briefly formed in the unoccupied part of the Rhine Province, which were responsible for civilians.
In 1921 these courts were brought back to life in Elberfeld, Wesel and Essen.
After 1933
From 1933, countries were brought into line and centralizes the judiciary. For the organization of the courts during this time, see the list of German courts in the time of National Socialism . In 1947 Prussia was dissolved. For the courts of the successor federal states, see the Court Structure Act and List of Courts of the State of Rhineland-Palatinate .
literature
- HA Fecht: The court constitutions of the German states, 1868, online
- Max Bär: The Authorities Constitution of the Rhine Province, 1919, reprint 1965, p. 381 ff.
- Horst Romeyk: Administrative and administrative history of the Rhine Province 1914-1945, 1985, ISBN 3-7700-7552-8 , pp. 491-520
- Carl Pfafferoth: Yearbook of the German Court Constitution, 1888, p. 413 ff., Online
- Dieter Strauch: Rhenish dishes in two centuries: the development of ordinary jurisdiction in the Rhine provinces and their successor states from 1798 to 2005, 2007, ISBN 978-3-7700-7629-1
Individual evidence
- ↑ Ges.S. 1814, p. 75
- ^ Cabinet order of June 21, 1818
- ↑ Ges.S. 1814, p. 72
- ^ Cabinet order of June 21, 1818
- ^ Announcement by Daniels and Bölling of September 14, 1819 (No. 334 of the collection of JA Lottner)
- ↑ Order of the Immediatjustizkommission dated June 30, 1819 (No. 323 of the collection by JA Lottner)
- ^ Announcement by Daniels and Bölling of September 30, 1819 (No. 340 of the Lottner Collection)
- ↑ Announcement of July 4, 1820
- ^ Official Journal of the KK-Oesterreichischen and K.-Baierischen community state administration. 1816, p.
- ^ Order of Düsseldorf, January 28, 1817 (No. 253 of the Lottner collection)
- ^ Announcement by Daniels and Bölling of September 14, 1819
- ^ Announcement by Daniels and Bölling of September 20, 1819
- ↑ Announcement of the Cabinet Order of June 9, 1821, No. 432 of the von Lottner Collection, Vol. 2.)
- ^ Announcement Cöln, July 17, 1820 (No. 370 of the Lottner Collection, Vol. 2.)
- ↑ No. 751 of the Lottner Collection, Vol. 3
- ↑ No. 751 of the Lottner Collection, Vol. 3
- ↑ No. 751 of the Lottner Collection, Vol. 3
- ↑ On July 16, 1821, Prince Wittgenstein-Berleburg contractually renounced the exercise of civil rights in the Homburg an der Mark rule, which was confirmed by the Prussian King on August 23, 1821, Lottner Volume II, p. 177.
- ↑ No. 751 of the Lottner Collection, Vol. 3
- ↑ No. 751 of the Lottner Collection, Vol. 3
- ↑ No. 751 of the Lottner Collection, Vol. 3
- ↑ No. 751 of the Lottner Collection, Vol. 3
- ↑ No. 751 of the Lottner Collection, Vol. 3
- ↑ Official Journal for the Düsseldorf administrative region: 1868, p. 144, digitized
- ↑ Official Journal for the Düsseldorf administrative region: 1868, p. 144, digitized
- ^ Decree of August 12, 1865
- ^ Cabinet order of October 22, 1834
- ^ Decree of December 16, 1861
- ^ Cabinet order of December 11, 1845
- ^ History of Prussian Administrative Law, 1886, ISBN 978-3-662-25716-6 , pp. 134-136, online
- ↑ Preußische Gesetzsammlung 1879, pp. 165–173
- ↑ Ges.S. 1905 p. 5
- ↑ Ges.S. 1906 pp. 174 and 178
- ↑ Law of March 4, 1891, Act SS 31
- ↑ Ordinance of November 14, 1892, Act SS 293
- ↑ Ordinance of January 28, 1895, Act SS 10
- ↑ Ordinance of March 23, 1896, Act SS 41
- ↑ Ordinance of April 20, 1897, Act SS 104
- ↑ GS p. 375
- ↑ GS p. 297
- ^ Ulrich Stump: Prussian Administrative Courts 1875-1914, 1980, ISBN 3-428-04699-4
- ↑ RGBl. I p. 507
- ↑ Ordinance on the establishment of labor courts and regional labor courts of June 10, 1927, GS 1927 p. 97
- ↑ The seats and districts of these local courts are listed in Appendix A of the ordinance on the local courts in the higher regional court districts of Frankfurt and Caſſel of December 20, 1899 ( GS pp. 640 , 646 ). Supplement for part of the Altenkirchen district: Ordinance of May 24, 1909 ( GS p. 491 ).
- ↑ Compulsory Dissolution Ordinance for Family Goods (Compulsory Dissolution Ordinance) of November 19, 1920 ( GS p. 463 )