Sollicitatur

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The Sollicitatur (from Latin sollicitare to encourage, to move strongly) in the real sense of the Reichskammergericht was a request made by a party or their representative out of court - outside of the formal procedure - to the judge or other court members to speed up and complete a process.

Emergence

In the older legal tradition there are no models for the Sollicitatur at the Reichskammergericht, but requests to accelerate the process must be accepted beforehand, since Roman law already had the principle that if a court does not act, petitions from subjects are allowed. This could be seen as a forerunner of the Sollicitation, even if no reference is made to these regulations in contemporary writings and laws or an attempt is made to justify the Sollicitation.

For the first time in the sources, the Sollicitation in the sources did not become comprehensible until 1562, when a Reich Chamber Court visit issued the regulation that only alleged cases should be dealt with by the court and given a decision. This regulation was valid until an identical regulation was enacted in § 152 of the Last Reichs Farewell in 1654.

Procedure

The Sollicitatur often took place in a private setting and was a proven means of speeding up the process. It was used in all types of processes and could only take place after the open file, the so-called submission. The files were compiled in the chancellery by order of the judge. Then the assessor wrote the relation, the expert opinion for reaching a judgment, to this file. From this point in time, the Sollicitatur could begin, which was oral or written. In the case of a written reference, the assessor, chamber judge or president was given a printed slip of paper stating the parties to the litigation and a request to speed up the procedure.

The Sollicitatur was applied until the end of the Reich Chamber Court in 1806.

The legal protection over long legal proceedings and criminal investigations in since 2011 § 198 GVG regulated.

literature

  • Johann Stephan Pütter : From the Sollicitatur at the imperial and realm chamber courts . 1768
  • Bengt Christian Fuchs: The Sollicitatur at the Reich Chamber Court (=  sources and research on the highest jurisdiction in the Old Reich . Volume 40 ). Böhlau, Cologne / Weimar / Vienna 2002, ISBN 978-3-412-12501-1 .

Individual evidence

  1. ↑ Bengt Christian Fuchs: The Sollicitatur am Reichskammergericht (=  sources and research on the highest jurisdiction in the Old Reich . Volume 40 ). Böhlau, Cologne / Weimar / Vienna 2002, ISBN 978-3-412-12501-1 , p. 37 f .
  2. ↑ Bengt Christian Fuchs: The Sollicitatur am Reichskammergericht (=  sources and research on the highest jurisdiction in the Old Reich . Volume 40 ). Böhlau, Cologne / Weimar / Vienna 2002, ISBN 978-3-412-12501-1 , p. 34 f .
  3. ↑ Anette Baumann: Review of: Bengt Christian Fuchs: Die Sollicitatur am Reichskammergericht, Cologne / Weimar / Vienna: Böhlau 2002. In: sehepunkte 3 (2003), No. 2 [02.15.2003]. Retrieved August 24, 2018 .