II. Civil Senate of the Imperial Court
The Imperial Court in Leipzig was divided into up to nine civil senates. The 2nd Civil Senate existed from 1879 to 1945.
history
1879 to 1900
Rhenish law
The Senate was formed in 1879 in accordance with § 132 GVG 1877 and § 1 Rules of Procedure of the Reichsgericht. He became known as the "Rhenish Senate". The French Civil Code was valid in literal or almost literal translations in a large number of European countries until the end of the 19th century. The French legal system was split up on German soil in the 19th century: the code to the left of the Rhine remained in force even after the Congress of Vienna in 1815. The states concerned are forming their own higher courts because of the break-away of the Court of Cassation in Paris : The Prussian Rhineland with the Court of Appeal in Cologne and the Court of Appeal and Cassation in Berlin; Rheinhessen with the Court of Appeal in Mainz and the Court of Appeal and Cassation in Darmstadt; the Bavarian Palatinate with the Court of Appeal in Zweibrücken and the Higher Appeal Court in Zweibrücken and Munich; as well as Baden with the Oberhofgericht in Mannheim. They are in competition with the French Court of Cassation in Paris and the Belgian Court of Cassation in Brussels. The founding of the empire creates a new situation. It is true that the influence of Rhenish law increased in 1871 through the annexation of Alsace-Lorraine with its higher court in Colmar. About 1/6 of the territory of the empire now belonged to the area of application of the “Rhenish” civil law, but with the imperial constitution the empire had jurisdiction over the jurisdiction. A joint new higher court is created, the Reichsgericht in Leipzig with its "Rhenish Senate".
Rhenish Senate and Civil Code
Depending on the opinion, the Senate judicature either diverged from the French judicature "by bringing its results in accordance with common law" or, according to the more recent view, based on French literature and practice and placed great value in this context laid the will of the legislature, as the frequent reference to the materials on the Civil Code already showed.
Deviations
Deviations from the French reading can be observed, for example, with regard to trademark protection: the Reichsgericht rejected claims from Art. 1382f. CC Contrasted with the concurrence déloyale developed by French jurisprudence, as it saw the trademark law of the empire as more special. The Senate also rejected a reversal of the burden of proof in the case of industrial accidents, unlike the Court of Cassation in the Teffaine decision in 1896, whereby the superimposition of special legislation such as the Accident Insurance Act (1882) and the Reich Liability Act (1871) played a role. The Senate also took a different position in the “bronze statue” decision from 1894. The plaintiff had acquired a supposedly antique bronze statue here at a high price. The short warranty period (bref delai) of Art. 1648 CC had already expired. The Second Civil Senate granted the annulment action according to Art. 1110 CC to annul the contract. According to the prevailing French opinion of the time, the inauthenticity was qualified as an error of substance (ereur sur la substance). “It may be noted, by the way, that according to the opinion of Savigny (System, Vol. III, p. 276 ff.) Approved by the Reichsgericht (RGZ 19, p. 264), there are considerable moments for the assumption of an essential error in the present cases would have to be recognized ”. After the BGB came into force, the Senate changed its case law.
decisions
The Senate's decisions on French-Rhenish civil law can be found in the “Rhenish Archive” and in the “Journal for French Civil Law” published by the Reich Judge Puchelt .
Rhenish Senate and BGB
The celebrations for the anniversary of the Civil Code in 1904 were the occasion for Eduard Müller, a member of the Senate and a delegation in Paris, to describe the influence of the Code on German civil law. According to him, the code was "fully taken into account in the preparatory work for the BGB". His influence "on individual provisions and, what is even more important, on the technology of the BGB" is unmistakable. The aftermath of the Civil Code became apparent in the question of the competition between contestation under Section 119 II of the German Civil Code (BGB) and warranty law under commercial law. In 1902 the Senate was still of the opinion that the two could be applied independently of one another. In 1905 the Senate swung in line with the 5th Civil Senate , which developed the one at the ALR that is now h. M. represented.
1900 to 1945
After January 1, 1900, the deadline for the BGB, the Senate still had to deal with old cases. The "Kies" decision (RGZ 54, 98) also dates from this time, in which the teaching of positive breach of contract was recognized for the first time and created for a right of withdrawal that was detached from Section 326aF BGB. Other known decisions:
- "Petroleum" ( RGZ 50, 255; judgment of April 11, 1902. Strict difference theory to § § 326 ff. BGB old version))
- "Cotton seed flour" oak leaves "" (RGZ 57, 116ff; judgment of February 23, 1904 on the impossibility of performance in the case of the generic debt)
- Haakjöringsköd case (RGZ 99, 147)
- "Silver case" (RGZ 101, 107f .; judgment of December 17, 1920 on the open calculation error)
- Ruisdael case (RGZ 135, 339)
- "Unsuccessful sham deal" (RGZ 168, 204; judgment of November 24, 1941 on the restriction of § 118 BGB by § 242 BGB)
Business distribution 1900
"The second civil senate is assigned:
- 1. Insofar as the new laws in force from 1900 onwards are applied, from the whole empire, otherwise only from the under no. 3 designated districts, the legal disputes about:
- a) Possession and ownership of movable objects (including cases of § 771 ZPO) together with claims from finds ( § 965 ff.) as well as the presentation of objects (BGB § § 809 to 811), (1904 to 7th civil senate )
- b) Claims from the purchase and exchange of movable objects and claims with the exception of securities,
- c) Usufruct and lien on movable property and rights including commercial right of retention (n. § 369 HGB) and legal transactions relating thereto. (1904 to 7th civil senate )
- 2. All legal disputes over trademarks ( Reichsgesetz of May 12, 1894 ) and unfair competition ( Reichsgesetz of May 27, 1896 ).
- 3. From the higher regional court districts of Colmar, Cologne , Karlsruhe and Zweibrücken as well as from the regional court districts of Mainz , as well as all matters not specifically assigned to another senate.
- 4. The preliminary decision in civil matters according to Section 11 of the Introductory Act to the Courts Constitution Act in cases from the Colmar Higher Regional Court district. "
occupation
Color legend:
Senate presidents
| No. | Surname | appointment | Resignation from the Senate | ||
|---|---|---|---|---|---|
| 1 | Adrian Bingner (1830–1902) | October 1, 1879 | May 8, 1902 | Deceased | |
| 2 | Richard Förtsch (1837-1916) | June 1, 1902 | June 1, 1910 | retirement | |
| 3 | Eugen Meyn (1849–1926) | June 1, 1910 | June 1, 1912 | Joins the 3rd Civil Senate as President | |
| 4th | Heinrich Sievers (1848–1918) | June 1, 1912 | October 4, 1918 | Deceased | |
| 5 | Alfred Hagens (1856–1934) | February 1, 1919 | April 1, 1924 | retirement | |
| 6th | Richard Mansfeld (1865-1943) | April 1, 1924 | December 1, 1933 | retirement | |
| 7th | Gerhart Veltman (1871–1945) (substitute) | 1934 | before July 1, 1934 | ||
| 8th | Wilhelm Kiesow (1881–1938) | February 1, 1934 | January 15, 1938 | Deceased | |
| 9 | Eugen Kolb (1879–1954) | 1939 | 1945 | At the same time since April 1, 1942 Vice-President of the Reichsgericht; after 1945 unskilled worker in the Württemberg Ministry of Justice |
Imperial judges
| No. | Surname | Senate entry | Resignation from the Senate | ||
|---|---|---|---|---|---|
| 1 | Johann Wernz (1819-1892) | October 1, 1879 | June 15, 1886 | Transfer to the 1st criminal senate | |
| 2 | Friedrich Gallenkamp (1818–1890) | October 1, 1879 | October 1, 1880 | Transfer to the 1st civil senate | |
| 3 | Ferdinand von Gmelin (1824-1896) | October 1, 1879 | May 1, 1886 | Transfer to the 6th civil senate | |
| 4th | August Hullmann (1826-1887) | October 1, 1879 | October 1, 1880 | Transfer to the 3rd civil senate | |
| 5 | Friedrich Wulfert (lawyer) (1822–1900) | October 1, 1879 | July 1, 1886 | retirement | |
| 6th | Viktor von Meibom (1821-1892) | October 1, 1879 | October 1, 1880 | Transfer to the 1st civil senate | |
| 6th | Franz Josef Rottels (1812–1890) | October 1, 1879 | June 1, 1882 | retirement | |
| 7th | Gustav Theodor Friedrich Derscheid (1827–) | October 1, 1879 | January 1, 1890 | retirement | |
| 8th | Konrad Robert Rüger (1829–1899) | January 1, 1880 | July 1, 1886 | Transfer to the 6th civil senate | |
| 9 | Karl Heinrich Dreyer (1830–1900) | January 1, 1880 | October 1, 1891 | Transfer to the 1st civil senate | |
| 10 | Lorenz Hauser (1828–1882) | January 1, 1880 | January 1, 1881 | Transfer to the 1st criminal senate | |
| 11 | Gabriel Hubert Iser (1826-1907) | June 1, 1882 | January 1, 1893 | retirement | |
| 12 | Ernst Sigismund Puchelt (1820–1885) | April 11, 1883 | February 6, 1885 | Deceased | |
| 13 | Karl Wielandt (1830–1914) | June 1, 1885 | March 1, 1900 | retirement | |
| 14th | Julius Petersen (1835–1909) | March 31, 1886 | November 1, 1900 | retirement | |
| 15th | Cassius Rospatt (1830-1917) | May 1, 1886 | November 1, 1901 | retirement | |
| 16 | Eduard Wüstenfeld (1831-1923) | July 15, 1886 | October 1, 1904 | retirement | |
| 17th | Richard Förtsch (1837-1916) | October 11, 1891 | May 1, 1899 | Transfer to the 7th civil senate | |
| 18th | Eduard Pape (1836-1896) | January 1, 1893 | December 18, 1896 | Deceased | |
| 19th | Ernst Remelé (1842–1914) | July 1, 1894 | April 1, 1912 | retirement | |
| 20th | Friedrich Ludwig Petry (1840–1927) | February 1, 1897 | February 1, 1910 | retirement | |
| 21st | Adolf von Baerenfels (1840–1920) | May 1, 1899 | November 1, 1906 | retirement | |
| 22nd | Eduard Müller (1854–1908) | March 1, 1900 | 4th September 1908 | Deceased | |
| 23 | Ernst Heinrich Peez (1846–1923) | November 1, 1900 | January 1, 1912 | retirement | |
| 23 | Karl Maria Henderichs (1848–) | November 1, 1901 | February 1, 1919 | retirement | |
| 24 | Heinrich Koenige (1852–1935) | November 1, 1904 | January 1, 1914 | Transfer to the 3rd civil senate | |
| 25th | Eduard Hermann Karl Ruffmann (1852–) | November 1, 1906 | February 1, 1919 | retirement | |
| 26th | Ernst Heydweiller (1860–) | October 31, 1908 | June 1, 1928 | retirement | |
| 27 | Franz Ludwig Reiff (1856–) | February 1, 1910 | September 1, 1919 | exit | |
| 28 | Adolf Lobe | September 16, 1910 (since September 16, 1910 assistant judge) | January 1, 1912 | Transfer to the 4th criminal senate | |
| 29 | Wilhelm Meyer (1860–1931) | September 16, 1910 (auxiliary judge) | October 1, 1911 (auxiliary judge) | Transfer to the 1st civil senate | |
| 30th | Richard Michaëlis (1856–1941) | January 1, 1911 (auxiliary judge) | October 1, 1911 (auxiliary judge) | Transfer to the 5th criminal senate | |
| 31 | Karl Lilienthal (1858–1935) | April 1, 1912 | October 1, 1926 | retirement | |
| 32 | Richard Mansfeld (1865-1943) | November 1, 1912 | October 1, 1922 | Appointment as Senate President of the 4th Civil Senate | |
| 33 | Munster (-1914) | November 9, 1912 (auxiliary judge) | January 10, 1914 (assistant judge) | Deceased | |
| 34 | Karl Bruno Johannes Westphal (1860-1916) | April 5, 1914 (since November 7, 1912 assistant judge) | February 13, 1916 | Deceased | |
| 35 | Carl Wilhelm Niederstein (1864–1922) | November 15, 1913 (assistant judge) | January 1, 1914 (auxiliary judge) | Transfer to the 1st criminal senate | |
| 36 | Friedrich Philippi (1859-1938) | January 1, 1914 | March 1, 1918 | Exit; in the civil service of Hamburg | |
| 37 | Erich Brodmann (1855–1940) | January 1, 1915 and October 9, 1918 | October 1, 1915 and December 1, 1923 | Transfer to the 6th civil senate or retire | |
| 38 | Georg Schaps (1867-1918) | March 1, 1918 | August 22, 1918 | Deceased | |
| 39 | Paul Asten (1861-1925) | November 19, 1918 | July 24, 1925 | Deceased; also 5th civil senate | |
| 40 | Karl Picot (1863–1939) | October 1, 1919 | January 31, 1932 | retirement | |
| 41 | Gerhart Veltman (1871-1945) | April 1, 1924 | l. November 1937 | retirement | |
| 41 | Alois Zeiler (1868–1966) | October 1, 1922 | January 1, 1923 | Transfer to the 1st criminal senate | |
| 42 | Franz Bitter (1865-1924) | December 2, 1922 | May 23, 1924 | Deceased | |
| 43 | Paul Josef Hankel (1856–) | December 1, 1923 | February 1, 1925 | retirement | |
| 44 | Karl Gunkel (1864–1940) | June 1, 1924 | August 31, 1932 | retirement | |
| 45 | Eduard Bartels (1872–1928) | February 28, 1925 | July 5, 1928 | Deceased | |
| 46 | Wilhelm Witt (1869–) | May 1, 1925 | before 1932 | also 3rd Criminal Senate , from October 4, 1928 President of the 2nd Criminal Senate | |
| 47 | Eugen Kolb (1879–1954) | February 1, 1926 or after 1929 | October 5, 1928 and 1937 respectively | Appointment as Senate President 5th Civil Senate , or from 1939 2nd Civil Senate. | |
| 48 | Julius Lellbach (1873-) | September 16, 1926 | October 5, 1928 | Transfer to the 4th civil senate | |
| 49 | Otto Weipert (1874–1961) | June 20, 1928 | May 1, 1939 | RGRK employee after 1945; President of the VG Karlsruhe in 1948 | |
| 50 | Werner Pinzger (1878–1939) | October 4, 1928 | before 1932 | 1932 in the 9th Civil Senate | |
| 51 | Otto Klimmer (1878–1967) | October 5, 1928 | November 16, 1928 | Transfer to the 4th criminal senate | |
| 52 | Friedrich Helber (1870–1942) | November 16, 1928 and 1940 | 1937 and 1941 | Retirement or reactivation | |
| 53 | Reinhold Unger (1877-1946) | 1932 | 1935 | ||
| 54 | Schroer | 1934 | 1935 | ||
| 55 | Waldemar Koehne (1880–1938) | 1934 | August 1, 1935 | retirement | |
| 56 | Carl Hertel (1879-1958) | 1934 | 1938 | afterwards 5th civil senate | |
| 57 | Schröder | 1935 | 1936 | ||
| 58 | Heinrich Frings (1885–1946) | 1938 | Brother Joseph Cardinal Frings' 1938 | ||
| 59 | Hans Neumerkel (1886–1946) | August 24, 1936 (assistant judge April 30, 1935) | |||
| 60 | Werner Schulze (1882–1946) | (Assistant judge December 7, 1936) March 1, 1937 | 1945 | ||
| 61 | Gottfried Stumpf (1884–1962) | February 22, 1937 | 1941 | ||
| 62 | Dr. Ludwig Lippert (1884–?) | February 22, 1937 | |||
| 63 | Bruno Schuster (1884–1946) | April 1, 1938 (auxiliary judge 1937) | |||
| 64 | Wilhelm Menges (1894–1963) | 1941 | 1944 | Remaining in the Reichsgericht without Senate | |
| 65 | Wolfgang Schrutka (1887–1945) | 1941 | 1945 | ||
| 66 | Artur Köllensperger (1884-1946) | 1945 | 1945 | ||
| 67 | Dr. Fritz Goedicke (Goedecke) (-1952) | 1945 | 1945 |
See also
literature
- Stefan Geyer: Interpret the civil code “more correctly”. The second civil senate of the Reichsgericht and French civil law (= jurisprudence. Materials and studies 29). Frankfurt am Main 2008.
- Karl-Georg Faber: Law and Constitution. The political functions of Rhenish law in the 19th century . Cologne 1970.
- Law and administration of justice in the Rhineland . FS on the 150th anniversary of the Cologne Higher Regional Court. 1969.
- Reiner Schulze: Rhenish law and European legal history . Berlin 1998.
- Reiner Schulze: French civil law in Europe during the 19th century . Berlin 1994.
- Detlef Schuhmacher: Rhenish law in court practice of the 19th century . Stuttgart, Brussels 1969.
- The first 25 years of the Imperial Court . 1904, p. 92 ff.
- Adolf Lobe: Fifty Years of the Reich Court on October 1, 1929 . Berlin 1929.
- Jan Thiessen : “Connection” to the “Aryanization”. Three business law cases from the Imperial Court of Justice from Austria, in: Franz-Stefan Meissel / Stefan Wedrac (eds.), Private law in uncertain times. Civil jurisdiction in National Socialism, in: Contributions to the legal history of Austria. Journal of the Austrian Legal History Commission of the Austrian Academy of Sciences 2017, pp. 204–215 ( PDF ).
Individual evidence
- ↑ BR-Drs. 13/1880
- ^ Schulte, Nölke, Strack: Rheinisches Recht . In: R. Schulze: Rhenish law and European legal history . 1998, p. 31. Also D. Schumacher: The Rhenish Law in the Court Practice of the 19th Century . 1969
- ↑ RG, judgment of September 21, 1894 (Rep. II 152/1894), in: Rheinisches Archiv, vol. 88, II, p. 9 ff .; JW 1894, p. 528, numbers 41-43; RGZ, vol. 34, p. 321ff.
- ^ Christian Hattenhauer : One-sided private legal formation. History and Dogmatics , Tübingen 2011, p. 271 with additional references.
- ↑ RGZ 57, 116 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ RGZ 101, 107 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ RGZ 168, 204 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ ADB article: Viktor von Meibom
- ↑ Reinhold Unger died on June 13, 1946 in the Soviet special camp No. 1 Mühlberg . see: Initiativgruppe Lager Mühlberg e. V. (Ed.): Book of the Dead - Special Camp No. 1 of the Soviet NKVD, Mühlberg / Elbe . Mühlberg / Elbe 2008, ISBN 978-3-00-026999-8 , p. 193
- ↑ a b c Handbook of Justice Administration . Reich Ministry of Justice, Berlin 1942, p. 27.
- ^ Daniel Herbe: Hermann Weinkauff (1894–1981) . Tübingen 2008, p. 44
- ^ Initiative group Lager Mühlberg e. V. (Ed.): Book of the Dead - Special Camp No. 1 of the Soviet NKVD, Mühlberg / Elbe . Mühlberg / Elbe, 2008, ISBN 978-3-00-026999-8 , p. 172
