III. Civil Senate of the Federal Court of Justice

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The III. The civil senate is a panel of the Federal Court of Justice . It is one of a total of thirteen senates currently dealing with civil matters. He is mainly responsible for the areas of state liability law , notary liability, foundation law, contract law and management without a mandate .

occupation

The Senate is currently composed as follows:

Chairperson

No. Name (life data) Beginning of the term of office Term expires
1 Wilhelm Schelb (1888–1957) December 27, 1950 April 30, 1951
2 Otto Riese (1894–1977) 20th September 1951 January 1, 1953
3 Willi Geiger (1909–1994) May 15, 1953 October 31, 1961
4th Kurt Pagendarm (1902–1976) November 1961 March 31, 1970
5 Hubert Meyer (1911–1974) April 1, 1970 March 31, 1974
6th Friedrich Kreft (1908–1999) September 10, 1974 May 31, 1976
7th Karl Nüßgens (1914–1998) June 1976 November 30, 1982
8th Günter Krohn (1929-2020) 1st December 1982 January 31, 1994
9 Eberhard Rinne (* 1938) February 1, 1994 November 30, 2003
10 Wolfgang Schlick (* 1950) December 17, 2003 July 31, 2015
11 Ulrich Herrmann (* 1960) 4th August 2015

Jurisdiction

According to the BGH's business distribution plan (as of 2018), III. Civil Senate responsible for:

  1. the legal disputes over claims for damages
    1. by legal persons under public law against their civil servants, judges and soldiers on the basis of the employment relationship, unless the Fifth Civil Senate (No. 1 h) is responsible,
    2. against civil servants from § 839 BGB, unless the 5th civil senate (No. 1 h) is responsible,
    3. against legal persons under public law on the basis of Art. 131 WRV and Art. 34 GG, unless the Fifth Civil Senate (No. 1h) is responsible,
    4. against legal persons under public law from the violation of the duty to maintain the road or to ensure safety on roads and waterways,
    5. due to breaches of duty by notaries;
  2. the legal disputes about the liability of the judicial expert (§ 839a BGB);
  3. the litigation over
    1. Follow-up costs for the laying of supply lines due to road construction,
    2. Claims for compensation because of
      1. Expropriation (including expropriation-like encroachment) as well as measures similar to expropriation,
      2. Law enforcement measures,
    3. Property claims arising from sacrifice for the common good and from custody under public law as well as claims for damages from the violation of public law obligations (Section 40 (2) sentence 1 VwGO),
    4. Claims from the human rights convention;
  4. the decisions in building land matters;
  5. the legal disputes over claims under the law on protection against aircraft noise of March 30, 1971;
  6. the legal disputes over foundations (§§ 80 ff BGB), usufruct of assets (§§ 1085 ff BGB) and annuities (§§ 759 ff BGB)
  7. the legal disputes about contractual relationships (§§ 662–676c BGB) and management without order (§§ 677–687 BGB), unless IX. Civil Senate (No. 3) or the XI. Civil Senate (No. 2 a) is responsible;
  8. the legal disputes about employment relationships, unless the 1st Civil Senate (No. 8), the VI. Civil Senate (No. 1), the VII. Civil Senate (No. 2), the IX. Civil Senate (No. 3), the X. Civil Senate (No. 7) or the XI. Civil Senate (No. 2 a) is responsible;
  9. the legal disputes over allotment garden leases (BKleingG of February 28, 1983);
  10. the litigation over
    1. Mining law matters including mining law matters and water law matters including dike and sewer law matters,
    2. Hunting and fishing rights together with contracts relating thereto;
  11. the decisions according to § 109 BRAO, § 77 paragraph 2 of the Wirtschaftsprüferordnung, § 101 paragraph 2 of the Tax Advisory Act and § 93 paragraph 3 of the Patent Attorney Code;
  12. the decisions according to § 159 para. 1 GVG;
  13. the decision on contesting the election in accordance with Section 21 b (6) of the GVG;
  14. the legal disputes according to § 201 GVG and § 155c para. 2 sentence 2 FamFG.

Web links

Individual evidence

  1. ↑ Distribution of the BGH's business ( memento of the original from April 22, 2018 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (accessed on April 22, 2018) @1@ 2Template: Webachiv / IABot / www.bundesgerichtshof.de
  2. ^ Occupation of the III. Civil Senate on the website of the Federal Court of Justice
  3. ↑ Federal Court of Justice - business distribution plan 2018