I. Civil Senate of the Imperial Court
The 1st civil senate of the Reichsgericht was a ruling body of the Reichsgericht . It was one of a total of five to nine senates that dealt with civil matters.
history
The Senate existed from 1879 to 1945. The Senate was " the tried and tested guardian of the traditions of the Reich Higher Commercial Court ".
Business distribution 1900
"The first civil senate is assigned:
- 1. Insofar as the application of the new laws in force from 1900 onwards, from the whole empire, otherwise with the exception of those under II. 3 designated districts that have legal disputes over:
- a) Company law (according to HGB § § 17 -37) and acquisition of a commercial transaction with a commercial company ( GVG § 101 No. 3 d) as well as from § 50 of the Banking Act of March 14, 1875 ,
- b) internal circumstances of trading companies and silent partnerships (n. HGB § § 105 ff ..) as well as of companies with limited liability ( Reich Law of April 20, 1892 ), of cooperatives (Reich Law of May 1, 1889), and of associations to individual commercial transactions according to Art. 266-270 of the old Commercial Code ,
- c) contractual claims from and against commercial agents (n. HGB § § 84 ff.), commercial brokers (n. HGB § § 93 ff.), trade employees (n. HGB § § 59 ff.) and commercial employees (GewO § § 105 ff .), " (Submitted in 1904 3rd civil senate ) "
- d) Claims from the purchase and exchange of securities as well as on the basis of the Stock Exchange Act of June 22nd, 1896 (§ § 43-69 ) and the Depot Act of July 5th, 1896 (§§3-6), also from current accounts (n. HGB § 355), e) Claims from commission , forwarding , storage and freight transactions (according to HGB §§ 383-473)). " (Submitted to the 7th Civil Senate in 1904 with the exception of the securities ) "
- 2 , All bills of exchange and legal disputes about commercial instructions (HGB § § 363 ), however, insofar as it concerns claims from the period before 1900, with the exception of those under II. 3 designated districts.
- 3. All maritime affairs ( according to HGB §§ 474ff. Plus seamen's regulations of December 27, 1872 and § 44 of the stranding regulations of May 17, 1874) as well as all disputes arising from the imperial laws (of June 15, 1895) on inland navigation and rafting together Disputes over insurance, including reinsurance, for water (sea or river) transport, alone or in connection with land transport.
- 4. All legal disputes over copyright (Reichsgesetz of June 11th, 1870 , of January 9th and 10th, 1876) and the Bern Convention of 1886 , protection of designs (Reichsgesetze of January 11th, 1876 and June 1st, 1891) and patent law (Reichsgesetz vom April 7, 1891 § 33 and 38) as well as, insofar as the law applicable from 1900 onwards, on publishing contracts, patent purchases and patent license agreements.
- 5. From the higher regional court districts of Berlin , Königsberg, Marienwerder and Stettin (with the exception of the regional court district of Greifswald ), also Hamburg (with the exception of the Principality of Lübeck ) as well as from the consular districts, in addition, unless the law applicable from 1900 is concerned , the legal disputes over claims from the purchase and exchange of movable objects and claims.
- 6. For the whole Reich, the decision in cases of Section 28 of the Reich Law on Voluntary Jurisdiction , provided that it is a matter of keeping the commercial register , other powers of the registry judges or arbitration . "
Adopted in 1904 by the 3rd Civil Senate : " c) Company relationships (BGB §§ 705 ff.) And communities (BGB §§ 741 ff.) With the exception of the things described under I 1 b, "
occupation
Color legend:
- Retired before July 1, 1919
- Retired before October 1, 1934
- Retired after October 1, 1934
- Richter after 1946 (if known)
Senate presidents
No. | Surname | appointment | Resignation from the Senate | Honors | |
---|---|---|---|---|---|
1 | August Drechsler (1821-1897) | October 1, 1879 | August 10, 1897 | 1894 Real Privy Council | Deceased |
2 | Albert Bolze (1834–1912) | December 1, 1897 | September 16, 1906 | retirement | |
3 | Hugo Planck (1846-1922) | September 16, 1906 | October 1, 1922 | 1916 Real Privy Council | retirement |
4th | Walter Simons (1861-1937) | October 16, 1922 | April 23, 1926 | Transfer to the 3rd criminal senate | |
5 | Julius Franz Kathlun (1865–1942) | April 19, 1926 | April 1, 1934 | retirement | |
6th | Franz Triebel (1869–1942) | April 1, 1934 | January 1, 1937 | retirement | |
7th | Fritz Lindenmaier (1881–1960) | January 1, 1937 | 1945 | Acting chairman of the I. ZS of the BGH (1950–1953) |
Imperial judges of the 1st civil senate
No. | Surname | Senate entry | Resignation from the Senate | ||
---|---|---|---|---|---|
1 | Friedrich von Hahn (1823-1897) | October 1, 1879 | October 1, 1891 | Appointment as Senate President of the 6th Civil Senate | |
2 | Friedrich Moritz Hoffmann (1818–1882) | October 1, 1879 | February 1, 1880 | Transfer to the 3rd auxiliary senate | |
3 | Jeremias Theodor Boisselier (1826–1912) | October 1, 1879 | June 1, 1896 | retirement | |
4th | Rudolf Schlesinger (1831-1912) | October 1, 1879 | May 1, 1886 | Transfer to the 6th civil senate | |
5 | Heinrich Wiener (1834-1897) | October 1, 1879 | October 1, 1891 | Transfer to the 5th civil senate | |
6th | Hermann Gustav Ludwig Theodor Krüger (1825–1903) | October 1, 1879 | February 1, 1880 | Transfer to the 2nd auxiliary senate | |
7th | Konrad Robert Rüger (1829–1899) | October 1, 1879 | January 1, 1880 | Transfer to the 2nd civil senate | |
8th | Tree Hambrook (1818-1897) | October 1, 1879 | July 1, 1890 | retirement | |
9 | Lorenz Hauser (1828–1882) | October 1, 1879 | January 1, 1880 | Transfer to the 2nd civil senate | |
10 | Friedrich Gallenkamp (1818–) | October 1, 1880 | January 1, 1889 | retirement | |
11 | Viktor von Meibom (1821-1892) | October 1, 1880 | January 1, 1887 | retirement | |
12 | Friedrich Wilhelm Albert Bolze (1834–1912) | March 1, 1881 | December 1, 1897 | Appointment as President of the Senate | |
13 | Wilhelm Maßmann (1837-1916) | January 1, 1883 | April 1, 1884 | Transfer to the 3rd civil senate | |
14th | Jakob Friedrich Behrend (1833–1907) | July 1, 1887 | October 1, 1900 | retirement | |
15th | Hugo Rehbein (1833–1907) | January 1, 1889 | October 1, 1907 | retirement | |
16 | Paul Stolterfoth (1837-1894) | January 1, 1889 | December 17, 1894 | Deceased | |
17th | Karl Heinrich Dreyer (1830–1900) | October 1, 1891 | October 1, 1896 | retirement | |
18th | Heinrich Winchenbach (1837–1929) | October 1, 1891 | July 1, 1902 | Transfer to the 6th civil senate | |
19th | Karl Jeß (1843–1925) | April 1, 1895 | July 1, 1907 | Appointment as Senate President of the 5th Civil Senate | |
20th | Hugo Planck (1846-1922) | October 1, 1896 | May 1, 1899 | Transfer to the 7th civil senate | |
21st | Diedrich Lahusen (1852–1927) | December 1, 1897 | June 1, 1900 | retirement | |
22nd | Georg Wilhelm Hofmann (1846–1923) | May 1, 1899 | November 1, 1913 | retirement | |
23 | Alfred Hagens (1856–1934) | June 1, 1900 | February 1, 1919 | Transfer to the 2nd civil senate | |
24 | Anton Adolf Christoph Speaker von Bernegg (1849–1915) | October 1, 1900 | October 1, 1911 | retirement | |
25th | Adelbert Düringer (1855-1924) | July 1, 1902 | October 16, 1915 | Resignation from the Reichsgericht | |
26th | Heinrich Adolf Berendes (1848–1932) | January 1, 1904 and November 16, 1905 | April 4, 1905 and January 1, 1920 | Transfer to the 7th civil senate or retire | |
27 | Heinrich Eduard Burlage (1857–1921) | June 1, 1907 | August 19, 1921 | Deceased | |
28 | Richard Mansfeld (1865-1943) | June 1, 1906 | November 1, 1911 | Transfer to the 2nd civil senate | |
29 | Erich Brodmann (1855–1940) | November 1, 1911 (since September 16, 1910 assistant judge) | January 1, 1915 | Transfer to the 2nd civil senate | |
30th | Wilhelm Meyer (1860–1931) | October 1, 1912 (since October 1, 1911 assistant judge) | June 1, 1924 | Transfer to the 2nd civil senate | |
31 | Paul Viereck (1860-1915) | July 1, 1912 | August 24, 1915 | Deceased | |
32 | Franz Kathlun (1865–1942) | April 5, 1914 (since September 16, 1912 assistant judge) | April 19, 1926 | Appointment as President of the Senate | |
33 | Friedrich Philippi (1859-1938) | November 9, 1912 | January 1, 1914 | Transfer to the 2nd civil senate | |
34 | Felix Czolbe (1863-) | October 16, 1915 (assistant judge from November 9, 1912 to October 1, 1913) | 4th December 1916 | Transfer to the 3rd civil senate | |
35 | Karl Gunkel (1864–1940) | April 1, 1914 (assistant judge since January 1, 1914) | June 1, 1924 | Transfer to the 2nd civil senate | |
36 | Heinrich August Walter Staffel (1861-) | January 1, 1915 | October 1, 1915 | Transfer to the 3rd civil senate | |
37 | Eduard Pietzcker (1862-) | September 24, 1917; also 4th civil senate | June 15, 1928 | retirement | |
38 | Josef Max Reichert (1865-) | January 7, 1919; also 5th criminal senate | June 15, 1926 | Transfer to the 3rd criminal senate ; (1922–29 Chairman of the Association of Judges ) | |
39 | Ludwig Nieland (1867-) | February 1, 1919 | 1935 | ||
40 | Peter Clasen (1866-) | February 1, 1919; also 3rd criminal senate ; from October 1, 1919 6th Civil Senate | January 1, 1920 | Transfer to the 5th civil senate | |
41 | Otto Loerbroks (1870-) | January 1, 1920 | April 1, 1922 | retirement | |
42 | Karl Hüfner (1864–1949) | May 15, 1922 | April 15, 1923 | Transfer to transfer in the first instance. Criminal senate | |
43 | Franz Triebel (1869–1942) | October 1, 1922 | April 1, 1934 | Appointment as President of the Senate | |
44 | Bernhard Ehrlich (1872-) | July 15, 1923 | January 1, 1927 | Transfer to the 6th Civil Senate and 5th Criminal Senate | |
45 | Georg Müller (1868–1945) | June 1, 1924 | January 1, 1937 | retirement | |
46 | Heinrich Krauße (1871–1934) | June 3, 1924 | August 8, 1934 | Deceased | |
47 | Hans Conze (1879–1942) | February 1, 1926; also RepSchStGH | 1937 | Transfer to the 6th civil senate | |
48 | Fritz Lindenmaier (1881–1960) | April 21, 1926 | January 1, 1937 | Appointment as President of the Senate | |
49 | Wilhelm Gadow (1875–1945) | January 1, 1927 | June 15, 1926 | Transfer to the 6th civil senate | |
50 | Heinrich Delius (1877–1947) | June 22, 1928 | 1942 | Transfer to the 6th civil senate | |
51 | Werner Pinzger (1878–1939) | 1933 | 1939 | Deceased | |
52 | Martin Heidenhain (1880–1954) | 1935 | 1942 | later judge at the BGH | |
53 | Robert Siller (1881-) | (May 1935 auxiliary judge) 1936 | 1942 | retirement | |
54 | Hermann Weinkauff (1894–1981) | March 1, 1937 (assistant judge since December 1, 1936) | 1945 | first president of the BGH | |
55 | Walter Tölke (1883-) | February 22, 1937 | 1945 | 1945 / 46–51 Senate President OLG Gera | |
56 | Leo Brandenburg (1895-1946) | March 16, 1937 | 1945 | ||
57 | Edmund Friedrich Bryde (1896–1945) | December 3, 1937 | 1940 | Transfer to the 6th civil senate | |
58 | Dr. Johannes Dinter (1894–1946) | December 1, 1940 (April 1, 1939 assistant judge) | 1945 | ||
59 | Hans Segelken (1897–1982) | June 1, 1944 | April 1945 | ||
60 | Dr. Hans Elten (1887–) | July 1, 1943 (since August 1942 assistant judge) | 1945 | ||
61 | Dr. Günther Löhmann (1886–1972) | July 1, 1944 | 1945 | At the same time judge at the People's Court and at the Special Court |
literature
- Adolf Lobe: Fifty Years of the Reich Court on October 1, 1929 . Berlin 1929.
Individual evidence
- ↑ Eduard Müller : The first twenty-five years of the Reichsgericht . In: The first 25 years of the Reichsgericht , special issue of the Saxon Archives for German Civil Law on the 25th anniversary of the highest German court, p. 44.
- ↑ a b Handbook of Justice Administration . Reich Ministry of Justice, Berlin 1942, p. 27.
- ↑ Hubert Rottleuthner : careers and continuities German Justice lawyers before and after 1945 . Berlin 2010, p. 256