Higher Appeal Court Darmstadt

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The Higher Appeal Court Darmstadt (last official name was Higher Appeal and Cassation Court ) was a court in the Landgraviate of Hesse-Darmstadt and the Grand Duchy of Hesse with its seat in Darmstadt . The Darmstadt Higher Regional Court was his successor in 1879.

history

The Higher Appeal Court in the Landgraviate

Since the sixteenth century, the (velvet) court court in Marburg emerged as the highest court in the Landgraviate of Hesse . The velvet revision court was added later, with its seat changing between Marburg, Giessen and Kassel. With the division of the Landgraviate of Hesse, separate court trains arose in the partial Landgraviations and the courts of the entire Landgraviate became meaningless, even if they were not formally dissolved until the State Treaty between the Kingdom of Westphalia and the Grand Duchy of Hesse on June 3, 1810.

Instead of the velvet courts, the secret councils became the nucleus of the later higher courts. In the Landgraviate of Hessen-Darmstadt, the College of the Privy Council has referred to itself as the “Higher Appeal Court” in questions of jurisdiction since the beginning of the 18th century at the latest. This practice is formalized in the civil procedure code of the Landgraviate of Hessen-Darmstadt of 1724. Title IV in Part III of the ZPO regulates that a special senate at the Privy Council is responsible for dealing with appellation matters.

On May 11, 1747, Emperor Franz I awarded the Landgraviate of Hessen-Darmstadt the “privilegium de non appellando illimitatum” . This enabled the landgrave to forbid any appellation by subjects to the emperor. The Higher Appeal Court was finally the highest judicial authority.

Under Minister of State Friedrich Karl von Moser , the Higher Appeal Court Order was enacted on April 12, 1777.

Joining the Rhine Confederation , leaving the old empire, acquiring the Duchy of Westphalia and other changes to the territory led to the need to create additional regulations for the Higher Appeal Court.

The organizational edicts of October 12, 1803 and the Provisional Ordinance issued on August 5, 1804 for the introduction of a uniform and expedient procedure in all cases that came to the Higher Appeal Court from the Althessian as well as from the newly acquired landgrave lands confirmed the role and functioning of the Higher Appeal Court. It remained the highest court in civil and criminal matters. For the first time, the separation of justice and administration is laid down.

The Higher Appeal Court in the Grand Duchy of Hesse

With the establishment of the Grand Duchy, the Higher Appeal Court continued to exist. With the declaration on the constitutional relationships of the noblemen of the Grand Duchy of August 1, 1807, the court was also given the task of serving as the court of first instance in personal matters of the noblemen . This task only ended with the March Revolution of 1848 with the elimination of the privileged places of jurisdiction (law of September 22, 1848).

A peculiarity arose in 1816 when the province of Rheinhessen became part of the Grand Duchy. French law continued to apply in Rheinhessen. The Court of Appeal established on July 27, 1815 in Kreuznach was dissolved with the Provisional Appellations and Cassation Court Regulations for the Grand-Ducal Hessian part of the state on the left bank of the Rhine on November 4, 1816 and a provisional Higher Court was created in Mainz. On June 18, 1818, this provisional court of cassation was moved to Darmstadt. By ordinance of June 23, 1832, this court was dissolved and its tasks were transferred to the Darmstadt Higher Appeal Court, which has since been called the Higher Appeal and Cassation Court.

Now in all three provinces of the Grand Duchy there were regional and city courts in the first instance (in some cases these were still professional courts), the court courts Darmstadt and Gießen as well as the Mainz Higher Court as the second instance and the Higher Appeal and Cassation Court in Darmstadt as the third instance .

As part of the Reich Justice Reform of 1879, the Higher Appeal and Cassation Court was repealed and replaced by the Darmstadt Higher Regional Court.

The Higher Appeal Court as the highest court for Hohenzollern-Hechingen and -Sigmaringen

Art. XII. (1) of the German Federal Act regulated that "those federal members whose possessions do not reach a population of 300,000 souls ... unite with other federal members ... to form a joint supreme court." By contract of February 20, 1818 / March 24 In 1818 the Grand Duchy of Hesse and Hohenzollern-Hechingen and Hohenzollern-Sigmaringen agreed that the Darmstadt Higher Appeal Court should also be the highest court for the residents of these two states. This task was transferred to the Stuttgart Upper Tribunal in 1824/25 .

Judge

Directors

From 1811 the head of the court was given the title of president. His representative is designated as the director.

From 1835 to 1848 the director also has the title of (second) president

Councils

literature

  • Eckhart G. Franz , Hanns Hubert Hofmann, Meinrad Schaab: Court organization in Baden-Württemberg, Bavaria and Hesse in the 19th and 20th centuries. 1989, ISBN 3-88838-224-6 , pp. 160-167.

Web links

swell

  1. ^ Grand Ducal Hessian Ordinances, Issue 1 (1806-1808), p. 9 in the Google book search
  2. ^ Ordinance, dissolution of the previous provisional court of cassation and revision for the province of Rheinhessen and the transfer of the attributions to the Higher Appilation Court on June 26, 1832 . In: Grand Duke of Hesse and the Rhine (ed.): Grand Ducal Hessian Government Gazette. 1832 no. 51 ½, p. 338 a ( online at the information system of the Hessian state parliament [PDF; 3.0 MB ]).
  3. ↑ Federal Act, Art. 12 (1)