Ruling court

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Domination courts were in Bavaria between 1808 and 1848 courts of lords , so the media- chief nobility that based on the edicts were formed on 8 September 1808 and 16 August 1812.

history

The basis was Article 27 of the Rhine Federation Act , which granted the noble landlords and landlords "under sovereign rights". After the patrimonial jurisdiction according to the edict of September 8, 1808 should actually only include the voluntary jurisdiction (notarial office), the larger aristocratic estates and especially mediatized nobles were again granted extended criminal and civil law competences in the edict of August 16, 1812 . On May 26, 1818, appendices IV and VI to the constitution of the Kingdom of Bavaria reorganized the rights of the landlords and the noble nobles. The ruling courts were usually entitled to exercise the district and local police ("police" in the sense of general administration) as well as full civil jurisdiction as powers. The patrimonial courts formed at the same time , which arose mainly from local courts of smaller court brands , were largely limited to voluntary jurisdiction . The law of June 4, 1848, abolished the aristocratic or manorial jurisdiction and police order (one of the main demands of the revolution of 1848 ). The authorities were transformed into judicial and police authorities.

Only the princes of Thurn and Taxis remained owners of aristocratic court rights. In 1812, the Prince of Thurn and Taxis was granted civil jurisdiction in the 1st and 2nd instance over his entire Regensburg servants. Even after 1848, the organization of princely jurisdiction in Regensburg remained in place in the first and second instance. The "Law on the Princely Thurn and Taxis Civil Courts in Regensburg", dated April 29, 1869 ° "at least still allowed the Prince to have voluntary jurisdiction, which in this form also survived the Imperial Justice legislation. Only with the introduction of the BGB on 1. January 1900 the Thurn and Taxis civil courts were overturned.

State courts in Bavaria

Illerkreis, until 1817

Isarkkreis, from 1838 Upper Bavaria

Main district, from 1838 Upper Franconia

Oberdonaukreis, from 1838 Swabia and Neuburg

Regenkreis, from 1838 Upper Palatinate

Rezatkreis, from 1838 Middle Franconia

Salzachkreis, from 1816 to Austria

Lower Danube district, from 1838 Lower Bavaria

Lower Main District, from 1838 Lower Franconia and Aschaffenburg

The Lower Main District was only established in 1817 after the Grand Duchy of Würzburg , the Principality of Aschaffenburg and a few other areas had fallen to Bavaria.

  • Amorbach , Prince. Leiningen 's ruling court (until 1848, then court and police authority until 1852, then regional court)
  • Eschau , Graefl. von Erbach 's ruling court (until 1824 and 1841-1848, then court and police authority until 1849)
  • Fechenbach , ruling court of the Count von Reigersberg (until 1818, then regional court)
  • Gersfeld , Graefl. von Frohberg's ruling court (1820–1843)
  • Krombach , Graefl. von Schönborn 's ruling court (until 1820)
  • Marktbreit , Fürstl. Schwarzenberg ruling court (1827-1848, then judicial and police authority until 1853, then regional court)
  • Miltenberg , ruling court (until 1848, then court and police authority until 1849, then regional court)
  • Remlingen , ruling court of Count v. Castell and Prince v. Löwenstein-Wertheim (1821–1848, then judicial and police authorities until 1849)
  • Rüdenhausen , ruling court of Count v. Castell (1821–1848, then court and police authority Rüdenhausen-Wiesentheid until 1853)
  • Sommerhausen , Graefl. von Rechteren-Limpurg 's ruling court (until 1848, then judicial and police authorities until 1849)
  • Sulzheim , Fürstlich Thurn und Taxis ' ruling court (until 1848, then court and police authority until 1852)
  • Tann , Baron. v. Tann's ruling court (until 1834)
  • Triefenstein , rulership court of Prince v. Löwenstein (until 1821)
  • Wiesentheid , ruling court of Count v. Castell (until 1848, then court and police authority Rüdenhausen-Wiesentheid until 1853, then regional court)
  • Princely v. Löwenstein Government and Justice Chancellery Kreuzwertheim (until 1848)

literature

  • Christoph Bachmann, Florian Sepp: Justice (19th / 20th century) . In: Historical Lexicon of Bavaria . [1] , September 18, 2012.
  • Hiereth: Historical Atlas of Bavaria : The Bavarian judicial and administrative organization from the 13th to the 19th century. Altbayern, Series I, Issue 0, 1950 [2] .

Individual evidence

  1. ↑ Ralf Ruhnau: The Fürstlich Thurn and Taxis private jurisdiction in Regensburg: a curiosity in German legal history , P. Lang, 1998