Local court

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Office sign of a local court

Local courts are exclusively auxiliary authorities of the judiciary established by state law in Hesse .

organization

The administrative supervision over local courts rests with the President of the Higher Regional Court and the court director , whose district includes the local court. Local courts exist in all Hessian communities . In municipalities with several districts, several local courts can be set up.

The respective local court members are sworn honorary officials . A head of the local court and four lay judges are appointed for each local court . The legal basis is the Hessian Local Court Act (OrtsGG), which has been in force since January 1, 1953, on the basis of which previously established appraisal offices and field courts had to cease their activities. The local courts are responsible for the tasks specified by law in the field of voluntary jurisdiction and appraisal. They have an official seal .

tasks

The local courts charge fees for fulfilling these tasks ( Section 20 OGerG HE ).

history

Until 1808 there were shark courts in the Rheingau (with a general shark court in Eltville ). In the first half of the 19th century field courts were established in the Duchy of Nassau and in the Frankfurt villages ; When these areas came to Prussia in 1866, the field courts continued to exist.

In the Grand Duchy of Hesse , local courts were created for the provinces of Starkenburg and Upper Hesse in 1852 .

With the entry into force of the Courts Constitution Act 1879 and the Act on Matters of Voluntary Jurisdiction on January 1, 1900, the local courts in the Grand Duchy of Hesse continued to exist. In the Prussian Hesse-Nassau, local courts were introduced in places without a district court; In the towns with a district court, appraisal offices were established by ordinance of 1907 (the Wiesbaden field court existed until 1952).

1960 has the Federal Constitutional Court , the constitutional complaint of a notary rejected against the local court of law.

Web links

Individual evidence

  1. ↑ Local Court Act in the version of April 2, 1980.
  2. ^ Eltville am Rhein, Rheingau-Taunus-Kreis. Historical local dictionary for Hessen. (As of April 14, 2014). In: Landesgeschichtliches Informationssystem Hessen (LAGIS).
  3. ↑ Municipal Edict of June 5, 1816 (Ordinance Gazette of the Duchy of Naſſau p. 149), § 8 ; Geſetz, the constitution and administration of the communities, as well as the rights of community citizens and the acquisition of citizenship, dated December 12, 1848 (Ordinance Gazette of the Duchy of Naſſau p. 227), §§ 25-28 and of July 26, 1854 (Ordinance Gazette of Herzogthums Naſſau p. 166), §§ 20–23
  4. ↑ Ordinance concerning the field courts of the village authorities, the appointment of a land geometer and the preservation of the grace denominations in the village districts, of March 10, 1825 (Geetz and statutes collection of the Free City of Frankfurt, vol. 4 p. 7)
  5. ^ Ordinance on judicial proceedings in the former Duchy of Naſſau and the former Grand Ducal Heſſiſchen parts of the area with the exclusion of the Meiheimenheim district of June 26, 1867 (Geſetz-Samml. P. 1094), § 3
  6. ^ Edict, the organization of the local courts in the provinces of Starkenburg and Oberheſſen, dated October 16, 1852 ( Reg.-Gazette p. 449 ); Inſtruction of October 26, 1852 ( Reg.-Bl. p. 465 )
  7. ↑ § 15 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, May 30, 1879, pp. 197-203 (202).
  8. ^ Geſetz, the execution of the law on matters of voluntary jurisdiction concerning July 18, 1899 . In: Grand Ducal Hessian Government Gazette. 1899 no. 27 , p. 287 , Art. 125–140 ( online at the information system of the Hessian State Parliament [PDF; 76,1 MB ]). ; Ordinance concerning the local courts of August 2, 1899 . In: Grand Ducal Hessian Government Gazette. 1899 no. 30 , p. 389 ( online at the information system of the Hessian state parliament [PDF; 76.1 MB ]). ; Service instructions for the Grand Ducal Local Courts dated November 24, 1899 . In: Grand Ducal Hessian Government Gazette. 1899 no. 61 , p. 981 ( online at the information system of the Hessian state parliament [PDF; 76.1 MB ]).
  9. ^ Prussian law on voluntary jurisdiction of September 21, 1899 (Geſetz-Samml. P. 249), Articles 122–124 ; Ordinance on the local courts in the higher regional court districts of Frankfurt and Caſſel of December 20, 1899 ( Geſetz-Samml. P. 640)
  10. ^ Ordinance on the appraisal offices in the higher regional court districts of Frankfurt a. M. and Caſſel of June 10, 1907 (Geſetz-Samml. P. 145). See also the Appraisal Office Act of June 8, 1918 (Geſetzsamml. P. 83) with ordinance regarding the implementation of the Appraisal Office Act for the City of Kaſſel, dated April 4, 1927 (Legal Collection. P. 46)
  11. ↑ Local courts and appraisal offices of June 18, 1948 . In: The Minister of Justice (ed.): State Gazette for the State of Hesse. 1948 no. 35 , p. 387 , point 422 ( online at the information system of the Hessian state parliament [PDF; 1.5 MB ]).
  12. ↑ BVerfGE 11, 192