Law on Railway Enterprises
The law on the railway enterprises , briefly called the Prussian Railway Act (prEG) , was in the Kingdom of Prussia on November 3, 1838 by Friedrich Wilhelm III. signed. The law came into being around 1836 when a request was made for royal approval for the Berlin-Potsdamer Railway . According to the Bavarian “Fundamental Provisions for all Railway Statutes in Bavaria ” of September 28, 1836 - see Munich-Augsburger Eisenbahn-Gesellschaft - it was the second German railway law.
Paragraph 1 of the law provides for the formation of railway companies as private stock corporations, whereby according to Paragraph 3 the company is only confirmed after its status as a stock corporation has been approved. According to Section 1, the application must be submitted to the Ministry of Commerce , and Section 4 defines the Ministry of Commerce as the approval authority.
Regulations
Paragraphs 1, 2 and 6 regulate the raising and minimum requirements for the company's share capital to be verified.
Paragraphs 7 to 19 regulate the purchase of land necessary for the construction of the railway line, which can also be done by expropriation.
According to § 21, the company must build the railway within the given deadlines, otherwise the facility can be foreclosed. A foreclosure auction can also be ordered according to § 47 if the railway company "does not meet one of the general or special conditions" in operation "and a request to fulfill [...] remains unsuccessful."
Paragraphs 26 to 35 regulate the access of other transport companies to the railway system, which the railway company must allow three years after the start of operations.
Paragraph 36 leaves the state post monopoly for the operated connections to the railway company, but also obliges them to free transport of "those letters, money and all goods subject to the postal obligation" as well as of persons who are transferred from the state post of the railway company, as well as the termination from mail wagons to trains.
According to Section 38, the railway companies are exempt from trade tax, but have to pay a fee.
Within 30 years after the start of operations, the construction of competing railways "next to the first one in the same direction to the same places touching the same main points" should not be permitted (Section 44), but each railway company must permit the connection of other railways to its facilities (Section 45).
In § 42, the state reserved the right to buy up the company after 30 years from the start of operations, thus enabling the Prussian State Railways to come into being .
Goals and consequences
The law and the individual appropriate provisions therein were later used primarily by the Minister of Commerce , August von der Heydt , to force individual railways to accept state requirements and even hand over the administration to officials of the Ministry of Commerce.
With the Prussian Small Railroad Act of 1892, an additional law with a special scope was created.
In Berlin , the law on railway undertakings continues to function as a state railway law. However, many provisions are obsolete due to different regulations at the federal level.
Succession Laws
After the First World War , a comparable successor to the Prussian Railway Act was initially the Reich Constitution , in which the provisions for the Reich railways to be created were laid down in Articles 89 to 96, and later the Act on the Deutsche Reichsbahn-Gesellschaft (Reichsbahngesetz) of August 30, 1924 .
After the Second World War and the end of the Deutsche Reichsbahn , the General Railway Act of 1951 (AEG) was drawn up in the Federal Republic of Germany . A new version of this law came into force on January 1, 1994.
Web link
Individual evidence
- ↑ Family Pohl no longer accessible ( Memento from June 9, 2014 in the Internet Archive )
- ↑ Law on the Unification of Berlin State Law of September 28, 1990 (GVBl. 1990, 2119), Annex 1, Section I, Article 10
- ↑ Klaus-Dieter Wittenberg, Horst-Peter Heinrichs, Walter Mittmann, Jürgen Mallikat: Commentary on the Railway Construction and Operating Regulations (EBO) . Eurailpress, Hamburg 2006, ISBN 3-7771-0339-X , p. 26-28 .