IX. Civil Senate of the Federal Court of Justice

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The IX. 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 insolvency law , lawyer and tax advisor liability.

occupation

The Senate is currently composed as follows:

Chairperson

No. Name (life data) Beginning of the term of office Term expires
1 Ernst May (* 1915) March 1968 June 30, 1983
2 Franz Merz (1927–1993) July 1, 1983 February 29, 1992
3 Helmut Brandes (* 1932) March 1, 1992 September 30, 1997
4th Bernd-Arthur Paulusch (1942-2000) 17th October 1997 April 20, 2000
5 Gerhart Kreft (* 1939) November 27, 2000 August 31, 2004
6th Gero Fischer (* 1943) September 2, 2004 March 31, 2008
7th Hans Gerhard Ganter (* 1945) April 1, 2008 October 31, 2010
8th Godehard Kayser (* 1954) 17th November 2010 June 30, 2020
8th Dietmar Grupp (* 1956) July 1, 2020

Jurisdiction

According to the BGH's business distribution plan (as of 2017), the IX. Civil Senate responsible for:

  1. the legal disputes over matters of the Federal Law on Compensation for Victims of National Socialist Persecution ( Federal Compensation Law );
  2. Refund matters;
  3. the legal disputes about contractual relationships (§§ 662–676c BGB) and management without engagement (§§ 677–687 BGB)
    1. regarding claims by and against lawyers and legal advisers,
    2. regarding claims from tax advice;
  4. Claims for damages due to breaches of duty against lawyers and legal advisers;
  5. Claims for damages based on other special legal provisions (e.g. § 302 Paragraph 4, §§ 717, 945 ZPO), unless they are specifically assigned to another Senate;
  6. the litigation over
    1. Foreclosure on properties including the purchase and exchange of rights from the highest bid (§ 81 ZVG), unless the V Civil Senate (No. 1 d, No. 4) is responsible,
    2. Foreclosure on other than immovable property (including actions for a declaration of enforceability of foreign decisions and with the inclusion of § 771 ZPO, on the other hand with the exclusion of §§ 767-769 ZPO), unless the VII. Civil Senate (No. 4) or the XII. Civil Senate (No. 4) is responsible,
    3. Compulsory enforcement to obtain the surrender of things and to obtain acts or omissions (§§ 883 ff ZPO) as well as affidavit and detention (§§ 899 ff ZPO), unless the 1st civil senate (No. 10) is responsible,
    4. Insolvency (including bankruptcy and settlement regulations) and contestation of legal transactions of a debtor to the detriment of his creditors outside of bankruptcy and insolvency proceedings (AnfechtungsG), even if bogus transactions are alleged,
    5. Arbitration agreements and arbitration awards (§§ 1025 ff ZPO) in matters in which a member of the 1st Civil Senate is or was an arbitrator;
  7. the decisions in the cases of § 2 ZVG;
  8. the decisions on the admission of foreclosure from foreign titles in the material scope of the law for the execution of intergovernmental contracts and for the implementation of regulations and agreements of the European Community in the field of recognition and enforcement in civil and commercial matters (Recognition and Enforcement Execution Act - AVAG) of December 3, 2009 ( Federal Law Gazette I p. 3830 ) and on the refusal of foreclosure according to Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of December 12, 2012 on jurisdiction and the recognition and enforcement of Decisions in civil and commercial matters (EuGVVO new version) or according to § 1115 ZPO, unless the XII. Civil Senate (No. 4) is responsible;
  9. the decisions according to Art. 2 of the Act on the European Convention of May 16, 1972 on State Immunity of January 22, 1990 ( Federal Law Gazette II p. 34 );
  10. the legal disputes over loan agreements (§§ 488 ff, §§ 607 ff BGB), unless the XI. Civil Senate (No. 3) is responsible.

history

The IX. Civil Senate was temporarily relieved in 2003 and 2004 by an auxiliary Senate , the IXa Civil Senate of the Federal Court of Justice .

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 IX. Civil Senate on the website of the Federal Court of Justice ( Memento from January 13, 2015 in the Internet Archive )