I. Civil Senate of the Imperial Court

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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

  1. 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.
  2. a b Handbook of Justice Administration . Reich Ministry of Justice, Berlin 1942, p. 27.
  3. Hubert Rottleuthner : careers and continuities German Justice lawyers before and after 1945 . Berlin 2010, p. 256