IV. Civil Senate of the Imperial Court
The IV 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. In the Reich Court, the IV Civil Senate was primarily responsible for matters relating to maintenance law. Long before the so-called Nuremberg Laws of September 1935, namely in its judgment of July 12, 1934, the 4th Civil Senate responsible for family law initiated the disenfranchisement of Jews in marriage law. He had to decide under what conditions "an Aryan-Jewish mixed marriage could be challenged because of an error about racial differences". It now considered the so-called race to be a personal characteristic of a spouse, which - in the event of an error about this - justified the challenge of the marriage. For the Jewish partner separated in this way, this judicially pronounced separation opened up the possibility of targeted persecution, including - in numerous cases - murder in the gas chambers of the Nazi regime.
Business distribution 1900
The IV Civil Senate is assigned:
- 1. Insofar as the application of the new laws in force from 1900 onwards applies from the whole empire, otherwise only from the under no. 2 designated districts that have legal disputes about:
- a) Personal law, in particular naming rights ( § 12 BGB) including nobility, incapacitation (§ 6 BGB) and death declarations (§ 13 ff. BGB, § § 973 ff. BGB) as well as about internal relationships of associations with legal personalities (§ § 21 ff. BGB),
- b) Family law , in particular marriage law including engagements and internal matrimonial property law (§ 1297 ff. BGB), but with the exception of matrimonial matters of the kind specified in Article 201, Paragraph 2 of the Introductory Act to the BGB, parental rights and sonship (§§ 1591 ff. BGB), guardianship and guardianship (§§ 1773 ff. BGB),
- c) Inheritance law including inheritance purchases (§§ 1922 f. BGB),
- d) Foundations (§§ 80 ff. BGB) and donations (§§ 516 ff. BGB), usufruct of assets. (§§ 1085 ff. BGB), annuities (§§ 759 ff. BGB) and personal belongings (Art. 96 EinfG z. BGB, Art. 15 of the Preuß. AusfG z. BGB).
- 2. From the higher regional court districts of Berlin , Breslau , Hamm , Königsberg, Marienwerder, Naumburg (with the exception of the Thuringian and Anhalt regions), Posen and Stettin (with the exception of the district court of Greifswald) and also from the consular districts, as well as the legal disputes about
- a) canonical conditions as well as school construction charges and graves (Art. 132 and 133 EinfG z. BGB),
- b) Family entails and fiefdoms (Art. 59 EinfG),
- c) Claims of civil servants and military personnel based on their employment relationships as well as their survivors, and claims against civil servants or military personnel for official acts as well as against the state or other corporations as liable for this (§§ 31 and 89 BGB, Art. 77 EinfG if the lawsuit was filed before 1900,
- d) other things not specially assigned to another senate.
- 3. The disputes referred to in § 2 of the ordinance of September 26, 1879 on the transfer of Prussian matters to the Reichsgericht .
- 4. For the whole empire:
- a) the determination of the competent court according to § 36 and § 17 EinfG z. ZPO,
- b) the decision according to Section 160 of the Courts Constitution Act in civil matters,
- c) the decision in cases under Section 17 of the Introductory Act to the Courts Constitution Act,
- d) the decision in cases under Section 28 of the Reich Law on Voluntary Jurisdiction, unless I no. 6 applies.
No change in 1904
Well-known judgment of the fourth civil senate
- Lottery case ( RGZ 74, 235; judgment of September 29, 1910 on the provision of pocket money for free disposal)
- Menzelbilder case (RGZ 130, 69; decision of October 6, 1930 on the conditional stability of the possession and the protection of non- legally competent persons )
- Extension of § 817 sentence 2 BGB to competing claims (RGZ 145, 152; judgment of September 17, 1934)
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 | |||
|---|---|---|---|---|---|---|
| 1 | Eduard von Simson | October 1, 1879 | February 1, 1891 | retirement | at the same time President of the Reich Court | |
| 2 | Otto von Oehlschläger | February 1, 1891 | November 1, 1903 | retirement | at the same time President of the Reich Court | |
| 3 | Karl Gutbrod | November 1, 1903 | April 17, 1905 | Deceased | at the same time President of the Reich Court | |
| 4th | Rudolf von Seckendorff | June 1, 1905 | January 1, 1920 | retirement | at the same time President of the Reich Court | |
| 5 | Heinrich Delbrück | January 1, 1920 | July 3, 1923 | Deceased | at the same time President of the Reich Court | |
| 6th | Richard Mansfeld (1865-1943) | October 1, 1922 | April 1, 1924 | Appointment as President of the 2nd Civil Senate | ||
| 7th | Wilhelm Meyer (1860–1931) | April 1, 1924 | August 1, 1928 | retirement | ||
| 8th | Franz Arndts (1864–) | October 4, 1928 | February 1, 1933 | retirement | ||
| 9 | Fritz Seyffarth (1872–1938) | 1934 | 1937 | |||
| 10 | unoccupied | 1938 | 1938 | |||
| 11 | Martin Jonas (1884–1945) | July 1, 1938 | 1945 |
Imperial judges
| No. | Surname | Senate entry | Resignation from the Senate | ||
|---|---|---|---|---|---|
| 1 | Karl Julius August von Vangerow (1809–1898) | October 1, 1879 | April 1, 1883 | retirement | |
| 2 | Otto Plathner (1811-1885) | October 1, 1879 | April 1, 1882 | retirement | |
| 3 | Wilhelm Hartmann (1816-1889) | October 1, 1879 and March 15, 1882 | January 1, 1880 and October 1, 1886 | Transfer to the 5th civil senate or retirement | |
| 4th | Adolph Lesser (1819–1898) | October 1, 1879 | October 1, 1887 | retirement | |
| 5 | Josef August Welst (1815-1891) | October 1, 1879 | December 1, 1885 | retirement | |
| 6th | Carl Ludwig Theodor Schlomka (1821-1894) | October 1, 1879 | November 1, 1889 | retirement | |
| 7th | Wilhelm Hennecke (1812–1890) | January 1, 1880 | January 1, 1886 | retirement | |
| 8th | Emil Meischeider (1828–1906) | April 1, 1882 | January 1, 1897 | retirement | |
| 9 | Wilhelm Richard Friedrich (1816–1898) (up to pres. II. Aux.) | February 1, 1882 | April 1, 1884 | Appointment as Senate President of the 4th Criminal Senate | |
| 10 | Gustav Friedrich August Wienstein (1828-1891) | July 1, 1884 | February 19, 1891 | Deceased | |
| 11 | Bernhard Englishman (1832–1905) | December 1, 1885 | June 1, 1895 | retirement | |
| 12 | Gustav Calame (1830–1905) | January 1, 1886 | July 1, 1902 | retirement | |
| 13 | Otto Reincke (1830–1906) | October 1, 1886 | October 1, 1902 | retirement | |
| 14th | Karl Veltman (1833-1911) | October 10, 1887 | July 1, 1910 | retirement | |
| 15th | Hermann Boethke (1833-1912) | December 1, 1889 | January 1, 1892 | Transfer to the 6th civil senate | |
| 16 | Arnold Haacke (1832–1899) | June 1, 1891 | November 1, 1892 | retirement | |
| 17th | Konrad Nötel (1830–1902) | January 1, 1892 | December 24, 1902 | Deceased | |
| 18th | Arnold Oskar Weichsel (1835-1919) | May 16, 1892 | January 1, 1904 | retirement | |
| 19th | Gustav Johann Alexander Tetzlaff (1838–?) | October 1, 1892 | October 1, 1900 | retirement | |
| 20th | Albert Georg Ferdinand Wandersleben (1837–1900) | February 1, 1895 | May 1, 1899 | Transfer to the 7th civil senate | |
| 21st | Ludwig Helf (1837-1918) | January 1, 1897 | October 1, 1904 | retirement | |
| 22nd | Arnold Hesse (1838–1908) | May 1, 1899 | October 1, 1904 | retirement | |
| 23 | Ewald Wanjeck (1846–1925) | October 1, 1900 | January 1, 1920 | retirement | |
| 24 | Ernst Ludwig Krantz (1851-1918) | July 1, 1902 | June 2, 1918 | Deceased | |
| 25th | Ferdinand (knight of) Miltner (1856–1920) | November 1, 1902 | December 1, 1902 | Exit; Bavarian Minister of Justice | |
| 26th | Karl Maenner (1850–1927) | December 15, 1902 | January 1, 1916 | retirement | |
| 27 | Georg Hoffmann (1848–1919) | January 26, 1903 | April 1, 1914 | retirement | |
| 28 | Hugo Planck (1846-1922) | January 1, 1904 | September 16, 1906 | Appointment as Senate President of the 1st Civil Senate | |
| 29 | Julius Erler (1846–) | October 1, 1904 | January 1, 1914 | retirement | |
| 31 | Friedrich Suntheim (1849–1927) | October 1, 1904 | April 1, 1914 | retirement | |
| 32 | Julius Ebbecke (1853–1928) | September 16, 1906 | April 1, 1923 | retirement | |
| 33 | Wilhelm Büsing (1854–1932) | July 1, 1910 | September 16, 1910 | Transfer to the 4th criminal senate | |
| 34 | Friedrich Wilhelm Heinrich Schlieben (1859–) | September 16, 1910 | October 1, 1924 | retirement | |
| 35 | Josef Keller (1861–) | April 1, 1912 (assistant judge since September 16, 1910) | after 1929 | ||
| 36 | Gustav Herb (1862–) | November 1, 1913 (assistant judge since September 16, 1910) | 1930 | retirement | |
| 37 | Franz Arndts (1864–) | January 21, 1914 and May 7, 1917 | April 15, 1917 and January 1, 1924 | Transfer to the 7th Civil Senate or 5th Civil Senate | |
| 38 | Carl Wilhelm Niederstein (1864–1922) | February 18, 1915 | September 25, 1915 | Transfer to the 1st criminal senate | |
| 39 | Rudolf Bewer (1855-1930) | January 1, 1916 | October 1, 1919 | Transfer to the 6th civil senate | |
| 40 | Eduard Pietzcker (1862–) | September 24, 1917 | February 1, 1918 | Also 1st civil senate | |
| 41 | Alexander Niedner (1862–1930) | February 1, 1918 | May 22, 1923 | Appointment as Senate President of the 3rd Criminal Senate | |
| 42 | Franz Triebel (1869–1942) | October 1, 1919 | October 1, 1922 | Transfer to the 1st civil senate | |
| 43 | Otto Loerbroks (1870–) | December 1, 1919 | January 1, 1920 | Transfer to the 1st civil senate | |
| 44 | Fritz Seyffarth (1872–1938) | January 1, 1920 | April 1, 1932 | Appointment as Senate President of the 7th Civil Senate | |
| 45 | Otto Sayn (1866–) | March 1, 1920, May 15, 1922, and February 9, 1923 | June 8, 1920 and January 1, 1923 and 1933 | Transfer to the 5th criminal senate or 6th criminal senate or | |
| 46 | Richard Metz (1865-1945) | October 1, 1923 | January 1, 1924 | Transfer to the 3rd civil senate | |
| 47 | Albrecht Heldrich (1862–1928) | December 1, 1923 | September 16, 1928 | retirement | |
| 48 | Viktor Hoeniger (1870–1953) | April 1, 1924 | April 1, 1935 | Retirement; As the persecuted judge chamber chairman in Freiburg | |
| 49 | Carl Boos (1873-) | October 1, 1924 | 1938 | retirement | |
| 50 | Julius Lellbach (1873-) | December 4, 1925 and October 5, 1928 | September 16, 1926 and 1935 respectively | Transfer to the 2nd civil senate or? | |
| 51 | Ernst Hallamik (1870–) | December 28, 1928 | 1937 | Also 4th criminal senate | |
| 52 | Walther Froelich (1880–1945) | (Auxiliary judge 1932) | |||
| 53 | Martin Buchwald (1884–) | July 1, 1934 | 1945 | ||
| 54 | Ernst Kahtz (1875–) | 1933 | 1938 | ||
| 55 | Josef Altstötter (1892–1979) | (Auxiliary judge 1933) | (Assistant judge 1935 3rd civil senate ) | ||
| 56 | Fritz Hartung (1884–1973) | 1933 | 1934 | Transfer to the 3rd criminal senate | |
| 57 | Hermann Günther (1882–1945) | July 15, 1933 | April 1, 1942 | Appointment as Senate President of the 7th Civil Senate | |
| 58 | Siegfried Hoffmann | 1938 (auxiliary judge 1936) | 1940 | Transfer to the 8th civil senate | |
| 59 | Paul Blumberger (1879-1946) | 1938 | 1942 | 1945 Senate President of the 3rd Civil Senate | |
| 60 | Georg Frantz (1899–) | 1938 | 1942 | 1945 without the Senate | |
| 61 | Edmund Friedrich Bryde (1896–1945) | 1940 | 1942 | 1945 without the Senate | |
| 62 | Dr. Wolfgang Schrutka (1887–1945) | March 14, 1939 | 1945 | ||
| 63 | Adolf Paul (1890–) | (Assistant judge September 1, 1939) | (Auxiliary judge 1940) | Transfer to the 3rd criminal senate | |
| 64 | Hans Leopold (1886–) | (Auxiliary judge 1940) | (1941) | Transfer to the 5th civil senate | |
| 65 | Ludwig Lippert (1884–) | 1945 | |||
| 66 | Friedrich Schwegmann (1882–) | 1945 |
literature
- Marius Hetzel: The Contestation of Racial Mixture in the Years 1933-1939. The development of the jurisprudence in the Third Reich. Adaptation and self-assertion of the courts (= contributions to the legal history of the 20th century: 20). Tübingen 1997.
- Nora Lutze: The maintenance of relatives according to §§ 1601 to 1603 and §§ 1610 to 1612 BGB in the case law of the Reichsgericht (= legal historical series 351). Frankfurt am Main 2007.
- Kathrin Nahmmacher: The jurisprudence of the Reichsgericht and the Hamburg courts on the grounds for divorce of § 55 of the EheG 1938 in the years 1938 to 1945 (= European university publications: series 2, jurisprudence; volume 2604) Frankfurt am Main 1999.
- Adolf Lobe : Fifty years of the Reichsgericht on October 1, 1929. Berlin 1929.
Individual evidence
- ↑ RGZ , 145, 1 ff.
- ↑ RGZ 74, 235
- ↑ Petersen: Jura 1999, p. 297 ff. ( The classic decision ); RGZ 130, 69 as a text excerpt or full text uni-leipzig.de ( Memento from February 26, 2005 in the Internet Archive ) (PDF; 11 kB)
- ↑ RGZ 145, 152
- ^ 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. 79.
- ^ Reich Ministry of Justice (ed.): Handbuch der Justizverwaltung. Berlin 1942, p. 27.
See also
- XII. Civil Senate of the Federal Court of Justice , today responsible for family law .
Senate of the Reichsgericht (RG)