III. Civil Senate of the Imperial Court
The III. Civil Senate of the Reichsgericht was a panel 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. A special feature of the Senate was the personal union of Senate members with the Reich Labor Court . With the end of the First World War , Art. 157 sentence 2 of the Weimar Constitution of August 11, 1919, the Reich faced the task of creating "uniform labor law". This reorganization of the labor court process was fiercely disputed from 1919 to 1926. According to the demands of the free trade unions and the social democrats, the labor courts should be independent special courts. On the other hand, the ideas of the employers' associations as well as the Jurists' and Judges' Days were aimed at incorporating the labor courts into ordinary jurisdiction. The Labor Court Act (ArbGG) of December 23, 1926 is the compromise solution: The first instance labor courts were set up as independent state courts. In contrast, the state labor courts were attached to the regional courts as an appeal body and the Reich labor court as a revision instance to the Reichsgericht. Organizationally, the Reich Labor Court was a III. Civil Senate of the Imperial Court affiliated Senate.
Business distribution 1900
The III. Civil Senate are assigned:
- 1. Insofar as the new laws in force from 1900 onwards are to be applied from the whole of the Reich, otherwise only from the under no. 3 designated districts that have legal disputes over:
- a) Rent and lease relationships (BGB § § 535 ff.),
- b) Land leases (BGB BGB § § 611 ff.) with the exception of the items described under I 1 c, including the claims of civil servants and military personnel as well as their surviving dependents,
- c) Company relationships (BGB § § 705 ff.) and communities (BGB § § 747 ff.,) with the exception of the things described under I 1 b, " (1904 submitted to 1st civil senate ) "
- d) Other contractual relationships that are not specifically assigned to another Senate, provided that the law in force from 1900 onwards is applied, from all over the Reich, otherwise with the exception of those under II no. 3 designated districts the legal disputes over claims from insurance relationships , unless I no. 3,) or VII no. I d applies. " (1904 submitted to the 7th civil senate ) "
- 3. From the higher regional court districts of Braunschweig , Celle , Frankfurt a. M. , Darmstadt (with the exception of the Mainz regional court district ), Kassel , Kiel , Jena , Oldenburg along with the Principality of Lübeck , Rostock and Stuttgart as well as from the Greifswald regional court district and the Thuringian and Anhalt regions of the Naumburg higher regional court district , apart from those of no other Senate specially assigned matters.
- 4. Marriage in the ordinance of September 26, 1879 on Hessian matters, and in § 2 of the ordinance of the same date on Waldeck matters designated disputes.
Adopted in 1904 by the 1st Civil Senate :
- 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 .),
Adopted in 1904 by the 6th Civil Senate :
- c) Legal disputes about claims for damages against civil servants and military personnel as well as against the state or other corporations as liable for this (BGB § 31, 89, EG Art. 77), unless V no. I e applies, including such claims against bailiffs and lawyers.
occupation
Color legend:
- Retired before July 1, 1919 in
- Retired before October 1, 1934 in
- Retired after October 1, 1934 in
- Richter after 1946 (if known) in
Senate presidents
| No. | Surname | appointment | Resignation from the Senate | ||
|---|---|---|---|---|---|
| 1 | Paul Christian Henrici (1816–1899) | October 1, 1879 | October 1, 1891 | retirement | |
| 2 | George Rudolf Peterßen (1826–1903) | October 1, 1891 | March 1, 1902 | Becomes President of the 6th Civil Senate | |
| 3 | Adolf August Hermann von Buchwald (1845–1913) | March 1, 1902 | July 1, 1912 | retirement | |
| 4th | Eugen Meyn (1849–1926) | July 1, 1912 | July 1, 1923 | retirement | |
| 5 | Ludwig Zimmerle (1867–1925) | July 1, 1923 | December 3, 1925 | Deceased | |
| 6th | Friedrich Oegg (1870–1959) | January 20, 1926 and October 16, 1939 | April 1, 1937 and May 31, 1942 | At the same time president of the Reich Labor Court . | |
| 7th | Rudolf Hagemann (1876–1945) | 1938 | 1942 | ||
| 8th | Paul Blumberger (1879-1946) | 1945 |
Imperial judges of the III. Civil Senate
| No. | Surname | Senate entry | Resignation from the Senate | ||
|---|---|---|---|---|---|
| 1 | Otto Bähr (1817–1895) | October 1, 1879 | November 1, 1881 | retirement | |
| 2 | George Rudolf Peterßen (1826–1903) | October 1, 1879 | January 1, 1891 | Appointment as Senate President of the 6th Civil Senate | |
| 3 | Karl von Streich (1826–1917) | October 1, 1879 | February 1, 1897 | retirement | |
| 4th | Wilhelm Langerhans (1816–1902) | October 1, 1879 | January 1, 1880 | Transfer to the 5th civil senate | |
| 5 | Wilhelm Buff (1825-1900) | October 1, 1879 | December 1, 1893 | retirement | |
| 6th | Karl Heinrich Dreyer (1830–1900) | October 1, 1879 | January 1, 1880 | Transfer to the 2nd civil senate | |
| 7th | Heinrich Scheele (1825-1882) | October 1, 1879 | November 1, 1880 | retirement | |
| 8th | Ephraim Oskar Taube (1829–1888) | December 1, 1880 | December 31, 1880 | exit | |
| 9 | August Hullmann (1826-1887) | January 1, 1880 | November 21, 1887 | Deceased | |
| 10 | Alfred Agricola (1824–1901) | February 1, 1880 | February 1, 1892 | retirement | |
| 11 | Christian Friedrich Rassow (1826–1904) | November 1, 1880 | May 11, 1884 | Transfer to the 5th civil senate | |
| 12 | George Meyer (1828-1889) | May 27, 1881 | January 1, 1883 | Transfer to the 5th civil senate | |
| 13 | Heinrich Dähnhardt (1836–1902) | April 1, 1884 | October 1, 1891 | Appointment as President of the 4th Criminal Senate | |
| 14th | Wilhelm Maßmann (1837-1916) | April 1, 1884 | May 1, 1899 | Appointment as President of the 7th Civil Senate | |
| 15th | Adolf August Hermann von Buchwald (1845–1913) | March 24, 1888 | February 1 (March) 1902 | Appointment as President of the 6th Civil Senate or 3rd Civil Senate | |
| 16 | Heinrich Müller (1834–1906) | January 1, 1891 | April 1, 1901 | retirement | |
| 17th | Viktor von Liebe (1839–1906) | October 1, 1891 | April 1, 1897 | retirement | |
| 18th | Hermann Brückner (1834–1920) | January 1, 1892 | March 1, 1907 | retirement | |
| 19th | Karl Gilmer (1841-1894) | December 1, 1894 | December 17, 1894 | Deceased | |
| 20th | Eberhard Weller (1845-1911) | February 5, 1895 | February 6, 1911 | Deceased | |
| 21st | Ludwig Alfred von Veiel (1845–1905) | February 1, 1897 | September 12, 1905 | Deceased | |
| 22nd | August Hellweg (1847–1910) | May 1, 1897 | March 26, 1910 | Deceased | |
| 23 | George Julius Christian Harms (1834-1914) | May 1, 1899 | January 1, 1909 | retirement | |
| 24 | Friedrich Albert Emil Willibald Peters (1847–1926) | April 1, 1904 | October 1, 1914 | retirement | |
| 25th | Philipp Heinrich Rudolf Ernst Adolf von Eschstruth (1846–1916) | February 1, 1902 | October 1, 1912 | retirement | |
| 25th | Carl Rudolph von Romeick (1855–1933) | November 1, 1905 | December 1, 1923 | retirement | |
| 26th | Max Porzig (1865-1910) | March 1, 1907 | August 6, 1910 | Deceased | |
| 27 | Henry Cornelius (1855–) | January 1, 1909 | December 1, 1923 | retirement | |
| 28 | Otto Strecker (1862–) | December 15, 1909 | January 1, 1924 | Transfer to the 7th civil senate | |
| 29 | August Fuchs (1857–1920) | November 1, 1910 (assistant judge since September 16, 1910) | January 1, 1918 | retirement | |
| 30th | Emil Kreß (1860-1922) | September 16, 1914 (auxiliary judge September 16, 1910– February 1, 1914) | March 24, 1922 | Deceased or transferred to the 5th civil senate | |
| 31 | Karl Mansfeld (1859-1916) | October 11, 1910 | September 3, 1916 | Deceased | |
| 32 | Friedrich Buff (1859-1934) | February 24, 1911 | April 1, 1911 | Transfer to the 3rd criminal senate | |
| 33 | Friedrich Oegg (1870–1959) | October 1, 1914 (assistant judge April 1, 1911 - November 5, 1913) | March 1, 1925 | Appointment as President of the Senate 3rd Criminal Senate or transfer to the 2nd Criminal Senate | |
| 34 | Karl Gunkel (1864–1940) | (Assistant judge) November 14, 1912 | (Assistant judge) January 1, 1914 | Transfer to the 1st civil senate | |
| 35 | Heinrich Koenige (1852–1935) | January 1, 1914 | July 1, 1919 | Appointment as President of the 6th Civil Senate | |
| 37 | Heinrich August Walter Staffel (1861–) | February 2, 1915 | 1930 | ||
| 38 | Felix Czolbe (1863–) | December 4, 1916, July 1, 1917, and October 19, 1917 | May 7, 1917 and September 15, 1917 | Transfer to the 7th civil or 3rd criminal senate | |
| 39 | Rudolf Hagemann (1876–1945) | April 1, 1922 | |||
| 40 | Robert Teichmann (1867–1942) | May 9, 1922 | April 15, 1923 | Transfer to first instance StS | |
| 41 | Karl Linz (1869–) | December 1, 1923 | October 4, 1928 | Transfer to the 8th civil senate | |
| 42 | Richard Metz (1865-1945) | December 1, 1923 | September 19, 1929 | At the same time 4th civil senate or transfer to the 8th civil senate | |
| 43 | Ludwig Krug (1869–1943) | April 1, 1925 | 1935 | retirement | |
| 44 | Friedrich Brodführer (1878–) | March 1, 1926 or before 1932 | July 1, 1927 and 1938 respectively | Transfer to the 4th civil senate or retirement | |
| 45 | Helmuth Mende (1884–1932) | February 1, 1928 | 1930 | Transfer to the Reichsfinanzhof | |
| 46 | Wilhelm Obladen (1872–) | September 19, 1929 | 1938 | ||
| 47 | Bernhard Brandis (1875-1935) | September 19, 1929 | 1935 | ||
| 48 | Paul Königsberger (1871–) | before 1932 | 1935 | ||
| 49 | Karl Schrader (1876–) | before 1932 or April 1, 1942 | May 1, 1938 or 1944 | Transfer to the 5th civil senate | |
| 50 | Hermann Großmann (1878–1960) | April 1, 1930 | April 6, 1933 | Retirement (President OLG Erfurt 1950–52) | |
| 51 | Richard Loß (1872–) | before 1932 or 1940 | 1938 and 1942 | ||
| 52 | Johannes Wunderlich (1876–1935) | before 1932 | December 30, 1935 | Deceased | |
| 53 | Martin Heidenhain (1880–1954) | 1934 | 1934 | ||
| 54 | Josef Altstötter (1892–1979) | 1936 (1935 auxiliary judge) | 1942 | ||
| 55 | Gerhard Rusch (1884–1936) | 1936 (1935 auxiliary judge) | 1936 | Deceased | |
| 56 | Emil Lersch (1879–1963) | 1936 | 1945 | 1950–52 judge at the Federal Court of Justice | |
| 56 | Paul Besta (1883-) | 1938 (1936 auxiliary judge) | 1942 | ||
| 57 | Otto Stange (1882–) | February 22, 1937 | 1945 | ||
| 58 | Norbert Seibertz (1889–1964) | February 22, 1937 | 1942 | ||
| 59 | Friedrich Schwegmann (1882–) | 1939 (1938 auxiliary judge) | 1945 | 1945 also 4th civil senate | |
| 60 | Heinrich Burmeister (1883–1946) | 1939 | 1939 | ||
| 61 | Wilhelm Bechmann (1887-) | December 21, 1938 | 1945 | ||
| 62 | Johannes Denecke (1884–1974) | May 1, 1939 (September 21, 1938 assistant judge) | 1942/44 | Transfer to the 5th civil senate | |
| 63 | Hermann Epping (1875–) | 1945 | |||
| 64 | Hans Leopold (1886–) | 1945 | |||
| 65 | Dr. Walther Uppenkamp (1893–) | 1945 |
Individual evidence
- ^ Albert Teichmann : Henrici, Paul Christian . In: Allgemeine Deutsche Biographie (ADB). Volume 50, Duncker & Humblot, Leipzig 1905, p. 196 f.
- ^ A b c Reich Ministry of Justice (ed.): Handbuch der Justizverwaltung, Berlin 1942, p. 27.
Senate of the Reichsgericht (RG)