Regional Court (Grand Duchy of Hesse)

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Regional courts were courts of first instance in the Grand Duchy of Hesse from 1821 to 1879 . The corresponding court in the residential city of Darmstadt and the one in the provincial capital Gießen - with the same factual and instant jurisdiction - carried the designation "City Court".

history

requirements

Until 1821, the Grand Duchy of Hesse was mainly divided into the offices taken over from the previous territories on the right bank of the Rhine . The offices were a level between the municipalities and the sovereignty . The functions of administration and jurisdiction were not separated here. That was no longer appropriate in the early 19th century. On the right bank of the Rhine, the state also consisted to a considerable extent of areas in which the jurisdiction of the first instance belonged to the rights and obligations of the local nobility ( patrimonial courts ), in which the state could not intervene easily.

In the province of Rheinhessen on the left bank of the Rhine, on the other hand, all these structures had already been eliminated by the union with France in 1798. There was a modern legal system based on the French model.

founding

In 1821, in a first step, jurisdiction and administration were separated in the provinces of Starkenburg and Upper Hesse on the right bank of the Rhine . District districts were set up for the administrative tasks previously performed by the offices, and district courts were set up for the tasks of first-instance jurisdiction that they had previously performed . This has not yet happened across the board, as this reorganization took longer due to the transverse rights of the holders of patrimonial jurisdiction in the corresponding areas. A compromise here was to set up state “private” regional courts, some of which were then given rather cumbersome names, such as the Grand Ducal Hessian Prince and Count Isenburg Regional Court in Büdingen, established in 1822 .

In Darmstadt and Gießen there was a regional court that acted under the name "City Court".

In Rheinhessen, on the other hand, the courts of justice continued to exist due to the completely different court system based on French law .

Further development

With the March Revolution of 1848, the rights and obligations of the noble owners of the patrimonial courts ceased to exist and were not restored in the subsequent era of reaction .

In 1853/54 there was a major change in the layout of the judicial districts. It was

  1. lists which municipality was assigned to which judicial district, but this was slightly corrected below.
  2. the district courts Großkarben and Rödelheim were repealed.
  3. Regional courts in Darmstadt , Waldmichelbach, Vilbel and Altenstadt were newly established .
  4. the district court Altenschlirf was moved to Herbstein.

The changes under 2) and 3) came into force on October 15, 1853.

The End

When the Judicial Constitution Act of the German Empire came into force in 1879 , the previous regional courts of the Grand Duchy of Hesse were dissolved and replaced by local courts . Since the judicial districts were not changed, that was in fact a renaming.

Jurisdiction

The factual jurisdiction of the regional courts extended to proceedings of the first instance, unless they were assigned to a higher instance.

The local jurisdiction extended to one judicial district each, which was laid down in the legal act on which the establishment of the respective regional court was based and in some cases also changed over time.

Compilation of the regional courts

See: here .

See also

Remarks

  1. ↑ This happens in addition to the city court that already exists there.
  2. ↑ For example, first instance, civil family matters were reserved for the respective court courts.

Individual evidence

  1. ^ Ordinance on the division of the country into districts and district courts of July 14, 1821 . In: Grand Ducal Hessian Government Gazette No. 33 of July 20, 1821, p. 403.
  2. ^ The formation of the district council and district court of Büdingen on January 24, 1822. In: Großherzoglich Hessisches Regierungsblatt No. 5 of February 15, 1822, p. 32.
  3. ^ Ordinance on the division of the country into districts and district courts of July 14, 1821 . In: Grand Ducal Hessian Government Gazette No. 33 of July 20, 1821, pp. 403, 408.
  4. ^ Announcement regarding the repeal (...) of April 15, 1853. In: Großherzoglich Hessisches Regierungsblatt No. 19 of April 26, 1853, pp. 221–230. - notice the relocation of the district court seat of Altenschlirf to Herbstein and the composition of the judicial district of Herbstein on July 21, 1854. In: Grand Ducal Hessian Government sheet . No. 26 of August 7, 1854 S. 263 - notice the lifting of (...) concerning the October 4, 1853. In: Grand Ducal Hessian Government Gazette No. 44 of October 7, 1853, pp. 640f.
  5. ^ Announcement regarding the repeal (...) of April 15, 1853. In: Großherzoglich Hessisches Regierungsblatt No. 19 of April 26, 1853, pp. 221–230.
  6. ↑ Announcement of the composition of the city and regional court districts in the provinces of Starkenburg and Upper Hesse on October 1, 1853. In: Großherzoglich Hessisches Regierungsblatt No. 44 of October 7, 1853, pp. 640f.
  7. ^ Announcement regarding the repeal (...) of April 15, 1853. In: Großherzoglich Hessisches Regierungsblatt No. 19 of April 26, 1853, pp. 221–230.
  8. ^ Announcement regarding the repeal (...) of April 15, 1853. In: Großherzoglich Hessisches Regierungsblatt No. 19 of April 26, 1853, pp. 221–230.
  9. ^ Announcement regarding the repeal (...) of April 15, 1853. In: Großherzoglich Hessisches Regierungsblatt No. 19 of April 26, 1853, pp. 221–230.
  10. ^ Announcement of the repeal (...) regarding October 4, 1853. In: Großherzoglich Hessisches Regierungsblatt No. 44 of October 7, 1853, pp. 640f (641).
  11. ↑ Sections 1, 3 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of May 14, 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (197f).