State Contracting Court

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The State Contracting Court ( StVG for short ) was a state organ of the Council of Ministers of the GDR , which - like a court - decided on conflicts between socialist economic units. It was divided into the Central Contracting Court (ZVG; until 1959: Government Contracting Court; until 1970: Central State Contracting Court) and the 14 District Contracting Courts (BVG) and the Contracting Court of the capital Berlin. Formally it was not part of the judiciary , but part of the economic administration, but had both a judicial and economic steering function. The model was the Soviet state arbitrage ( Russian государственный арбитраж ).

General

In the planned economy of the GDR, companies did not have the freedom to decide for themselves about production quantities, prices and suppliers. Nevertheless, it was necessary to regulate the relationships between the companies through contracts. In the event of a dispute over these contracts, the civil courts should not rule on the basis of the law. The decision should rather be made with a view to the best possible fulfillment of the plan, even if this would run counter to the interests of the individual company and possibly also to the contracts made. Granting an application option served less to protect the business concerned than to provide business management with a further source of information about disruptions to the plan. The aforementioned courts were created with the ordinance on the formation and activities of the State Contracting Court of December 6, 1951. For international economic disputes there was also the court of arbitration formed in 1954 at the Chamber of Foreign Trade .

Jurisdiction

Originally, the contract court (to the exclusion of civil courts ) was only responsible for contractual claims between socialist economic units (“maintaining contractual discipline”). In 1963, jurisdiction was expanded to include all property law claims (including non-contractual claims, for example from special regulations, offenses or management / acting without a mandate ; so there were also quasi-administrative proceedings in individual cases). In 1972 control procedures for the imposition of economic sanctions of up to 500,000 marks by the GDR were added ("preservation of state discipline"). Topics in the court rulings were, in particular, plan – balance sheet contract, investments, foreign trade, science and technology, supplying the population, quality and guarantee as well as material responsibility.

The contract court was not responsible, for example, in disputes between companies within a combine or in disputes relating to intellectual property law. The independent resolution of the dispute had priority over the arbitration procedure (§§ 19, 20 Abs. 2 Nr. 6, § 30 SVG-VO), the confirmation of which could be refused by the StVG.

In principle, the district contract court was initially responsible (Section 15 (1) SVG-VO). The jurisdiction of the Central Contracting Court included in particular disputes arising from coordination agreements (Section 15 (2) SVG-VO; see. Sections 34 et seq. VG 1982), disputes of particular importance (Section 16 SVG-VO) and the review of arbitration awards by the district contract courts (review procedure ; at the objection of a partner involved, § 50 SVG-VO, on request of a higher-level body, § 52 para. 1 and 2 SVG-VO, or independently, § 52 para. 3 SVG-VO)

In addition, the district contract courts kept the register of the state-owned economy from 1969 (formerly: Commercial Register Part C).

Procedure

Proceedings were initiated either by application from a partner or ex officio by an order of the contracting court (Section 17 (2) SVG-VO; cooperation assurance and control procedures were always without application). The contract court decided in principle after an oral hearing (§ 31 SVG-VO), which was not public (§ 33 SVG-VO). It was carried out before a contract judge or before an arbitration commission made up of a contract judge and two honorary arbitrators (Section 32 SVG-VO). In the review procedure, the chairman of the court or a three-person review commission could decide without an oral hearing (§ 53 SVG-VO).

The proceedings before the State Contracting Court could have as their subject matter (cf. § 22 Paragraph 4 VG 1982):

  • the conclusion, amendment and cancellation of contracts ( drafting procedure , § 18 para. 1 no. 1 SVG-VO)
  • the entitlement to services from contracts (e.g. contractual penalties ) or other services ( service procedure , Section 18 (1) No. 2 SVG-VO)
  • the determination of the existence or non-existence of a legal relationship or the responsibility for breaches of contract ( determination procedure , § 18 Paragraph 1 No. 3 SVG-VO)
  • the right to compensation for economic disadvantages ( compensation procedure , Section 18 (1) No. 5 SVG-VO)
  • securing the fulfillment of the contract ( cooperation safeguarding procedure , § 18 Abs. 1 Nr. 4, § 18a SVG-VO)
  • the enforcement of state discipline ( control procedure , §§ 109, 110 VG 1982)
  • the review of decisions ( review procedure , §§ 53 ff. SVG-VO)

The criteria for decision-making were the “regularity and effectiveness of the national economy ” (Section 22 (1) VG 1982), not economic efficiency and individual legal protection. Decisions were made as an arbitration award or resolution; the contract court could go beyond submitted applications (§ 37 SVG-VO).

Enforcement options were fines (§ 44 SVG-VO), compulsory confiscation as well as seizure and transfer orders (§§ 45, 46 SVG-VO).

Costs were raised (§§ 56 ff. SVG-VO).

Number of proceedings in the years 1967 to 1972:

  • 1967: 26.438
  • 1968: 28,744
  • 1969: 32.230
  • 1970: 30,565
  • 1971: 24.916
  • 1972: 24,178; Share of design processes around 30%.

Special skills

The chairman of the State Contracting Court was able to issue basic determinations (GF) with normative effect (§ 6 sentence 2 SVG-VO) and issue other pronouncements (instructions, orders, instructions) (publication: orders and notifications of the StVG ).

The State court could contract the conductors of business entities and government bodies (except the central government entities) runs give (§ 22 5 VG 1982. §§ 7, 8 SVG-VO); Conditions could not be challenged in isolation. The chairman of the Contracting Court could demand that the heads of central state organs bring about decisions (Section 22 (6) VG 1982; Section 8a SVG-VO).

In the event of culpable violation of contractual discipline or culpable obstruction of the arbitration proceedings, reprimands and administrative penalties could be imposed according to the Administrative Offenses Act (OWG) (§ 43 SVG-VO).

The contract court could collect contractual penalties in favor of the state budget if the enforcement of a contractual penalty claim by the economic entities was no longer possible or was neglected or delayed in breach of duty (Section 16 (3) VG 1982, Section 48 SVG-VO).

organization

The State Contracting Court was an organ of the Council of Ministers . The judges were not independent, but bound by instructions.

The presidents of the State Contracting Court of the GDR were:

Division of the Central Contracting Court:

  • Budget department
  • Legislation Department - Head: Erika Süß
  • Information department - Rosemarie Klinkert
  • Industry department (22) with foreign trade (26) - Karl-Dieter Schwenk
  • Investments Department (23) - Harri Walter
  • Commerce Department (32) - Joachim Tischendorf
  • Agriculture Department (33) - Frank Teichmann
  • Inspection department - Hans Lehmann

In 1990, 36 contract judges were most recently active at the Central Contracting Court (as department heads they were referred to as “contract superiors”).

resolution

After the fall of the Wall , the district and district courts also became competent for civil law cases from the economy in 1990, and the State Contracting Court was dissolved. The objection was to be treated as an appeal after joining.

List of dishes

dish Register
characters 		district Seat
Central contract court A. Berlin , capital of the GDR 1080 Berlin - Mauerstraße 69-75 Berlin, Mitte, Leipziger Strasse, Museum for Communication 10.jpg; formerly Leipziger Strasse 5-7 u. a.
VG of the capital Berlin B. Berlin , capital of the GDR 1080 Berlin - Behrenstrasse 42–45 Berlin, Mitte, Behrenstrasse, Humboldt-Carré.jpg
BVG Cottbus C. Cottbus district Cottbus - Schloßkirchplatz 2250. Schloßkirchplatz 2.JPG
BVG Dresden D. Dresden district Dresden - Dr.-Külz-Ring 19 Dresden City Hall 3.jpg( New Town Hall )
BVG Erfurt E. District of Erfurt Erfurt - Lutherstrasse 1 Erfurt tram GDR - State Insurance and Tatra tram, Karl-Marx-Platz, Aug 1989 (3436167552) .jpg; formerly Löberwallgraben 16
BVG Frankfurt F. Frankfurt district Frankfurt (Oder) - Bachgasse 10aFrankfurtOderBachgasse10a.JPG
BVG Gera G Gera district Gera - Strasse der Republik (Heinrichstrasse, formerly Stalinstrasse) 51
BVG hall H Halle district Halle (Saale) - Weidenplan 20 HAL-Weidenplan20.JPG; formerly Stalinallee 21
BVG Karl-Marx-Stadt K Karl-Marx-Stadt district Karl-Marx-Stadt - Nansenstrasse 7Nansenstrasse 7.JPG
BVG Leipzig L. Leipzig district Leipzig - Kommandant-Trufanow-Straße (formerly Manetstraße) 12
BVG Magdeburg M. Magdeburg district Magdeburg - Domplatz 2-4 Domplatz 4 (Magdeburg old town) .ajb.jpg; formerly Duvigneaustraße 14
BVG Neubrandenburg N Neubrandenburg district Neubrandenburg - Wolgaster Strasse 12; formerly Neustrelitz - Schloßberg, Barrack 10
BVG Potsdam P Potsdam district Potsdam - Heinrich-Mann-Allee 107 State Chancellery Brandenburg.jpg, house 8
BVG Rostock R. Rostock district Rostock - Friedrich-Engels-Strasse (St.-Georg-Strasse) 111
BVG Schwerin S. Schwerin district Schwerin - Stadionstrasse 3; formerly Barrack City, Barrack 17
BVG Suhl Z District of Suhl Zella-Mehlis - Bahnhofstrasse 71

Spruchpraxis 1987–1989

To illustrate the judgments of the State Contracting Court, the principles of the published decisions for the years 1987 to 1989 are reproduced below.

File number Reference Vf
 Principles
Dept G & No. EJ SP WR
22- K-816 / 87 17, 23 88/4, 97 KS If the relevant state bodies have not issued balance sheet shares for a product, the purchase of which is subject to a balance sheet share according to the legal provisions, the fact that contracts that have been concluded but have not yet been implemented are not fulfilled at the end of the planning year.
In such a case, the StVG is entitled to determine the obligation to fulfill the contract in the new plan year in the cooperation assurance procedure and to set deadlines for this.
22- AB-227 / 87 17, 28 G The primacy of the plan over the economic contract relates to the state, not to the operational planning decisions. The confirmation of the operating plan by the combine or the superordinate body of the supplier does not change anything.
22- AZ-325 / 87 17, 30 G The balance sheet decision, through which an illegal production stop is to be covered, is not to be used as a basis for the decision of the StVG on the conclusion of the contract required by the customer.
32- L-8 / 87 17, 35 L: Pr The cancellation of a contract is only possible until the performance of the service by the supplier and before acceptance by the customer.
22- L-272 / 87 17, 39 L: VS Contracts with the companies of the VE Kombinat Maschinenbauhandel do not come about through silence if the customer directs the contract offer to the manufacturer of the corresponding products and the order is forwarded by him to the responsible mechanical engineering company. This also applies if the manufacturer has informed the customer of the forwarding.
22- N-140 / 87 17, 52 G If the new or further development of software is required, the user must prove that no comparable software is stored in the "Central Information Bank Software". If information about a corresponding software is available at the information bank, the need is not economically justified in relation to the development company. This also applies if adjustments to the existing software are still required.
23- AR-143 / 87 17, 62 L: Pr Changes to the contractual prices for investment services must be agreed by the partners until the services have been accepted. This also applies to changes to the price agreement based on changes in industry prices.
23- B-40 / 87 17, 67 88/2, 53 [1] L: Yeah If the requirements from wood protection reports are not taken into account in the planning and implementation of repair, modernization or reconstruction measures on buildings, the quality requirements are violated. This also applies if the client was in default with the handover of the wood protection report and the construction company worked with assumptions from comparable objects as well as the general statements of the construction status analysis in the planning and implementation of the building repair measures.
23- C-23 / 87 17, 74 L: VS If the IAG hands over the minutes of a consultation to the contractor, in which he establishes that the content of the work documents to be handed over does not correspond to the agreement made in the business contract, the contractor does not need a separate notification. The IAG protocol is to be seen as a voluntary disclosure.
23- H-80 / 87 17, 77 G The scope of services of a GAN complex housing construction does not include the preparation and implementation of follow-up investments in complex housing construction, unless they are part of the task and the basic decision for the respective housing construction site.
23- F-362 / 87 17, 78 L: VS Whether there is a contractual contractual penalty agreement for other cooperative acts - the violation of which is not subject to a contractual penalty by law - cannot be deduced solely from the fact that these cooperative acts were assigned to the contractual agreements on construction clearance.
23- N-195 / 87 17, 81 K: WS The preclusive period of Section 110 (2) VG ends at the end of the year following the end of the breach of duty.
23- B-1304 / 87 17, 83 88/3, 80 [2] L: VS When entering into an investment service contract, a service contract must be concluded between the entering and leaving partner with the content that the services already provided are to be accepted and paid for.
With regard to these services, guarantee claims and claims for contractual penalties for poor quality service can be raised.
23- F-218 / 87 17, 85 G Insofar as the legal requirements are met, it is permissible to begin with the implementation planning of an investment before the fundamental decision and to establish contractual relationships. However, no general right to conclude a contract can be derived from this exceptional right.
26- B-797 / 87 17, 91 G Between a general supplier, whose service is remunerated by the AHB in accordance with the export proceeds, and a HAN or AN who does not generate a uniform operating result, but is entitled to plan and account for its services as a direct export, the business contract on supplies for the export of plants must comply with the legal provisions to be agreed upon operating price.
26- AB-560 / 87 17, 103 L: VSZ The buyer is only entitled to reimbursement of a purchase price collected by direct debit if the use of the direct debit by the seller was unjustified under the legal provisions. If back-charging was not permitted, this creates the obligation to pay late interest. A new billing is not required.
32- S-213 / 87 17, 108 K: WS If a wholesaler repeatedly refuses to conclude sales outlet contracts because it has not concluded commercial contracts with industry in accordance with the requirements of a needs-based supply of the population, the obligation to supply the population as planned is grossly violated.
32- AH-646 / 87 17, 110 L: Yeah The proper preparation of the complaint protocols agreed in framework agreements between wholesalers and retailers is an important basis for asserting claims by the retailer. A complaint log that is not created in the agreed manner does not, however, result in a loss of rights. Any agreements to the contrary are void.
32- N-285 / 87 17, 113 G The consumer goods wholesalers and the retail trade can agree in framework contracts that and for which products the sales point contract is concluded when the order is received by the sales facility. If no agreement is reached, the competent council of the district decides. Its determination is the basis for the decision of the StVG.
32- K-484 / 87 17, 115 L: VS The restriction contained in the scope of the Metallurgieversorgungs-AO that the AO does not apply to the supply of metallurgical products to citizens relates exclusively to relationships in which citizens are direct contractual partners. The restriction does not apply to the supply relationships between the economic units in the internal trade in consumer goods and the manufacturers of metallurgical products.
32- AG-487 / 87 17, 117 L: VS In the case of consumer goods that are not delivered in a high-quality manner, an insignificant impairment of usability can only be assumed if the defect does not damage the unity of functional and aesthetic utility properties that is characteristic of consumer goods. In particular, the ability to sell a defective consumer good, which can be traced back to the granting of a price discount, is not in itself a criterion for the existence of an insignificant defect.
32- B-382 / 87 17, 119 G Insofar as companies in the manufacturing industry manufacture consumer goods, they are obliged within the framework of the legal provisions to organize the necessary customer service and the provision of replacement, wear and accessory parts for the manufactured products.
Existing customer service companies from business units in the consumer goods industry are to be won over to carry out these tasks.
33- AM-693 / 87 17, 122 G The basis for the obligation of an LPG to conclude a contract is in principle its operating plan confirmed by the competent council of the district.
33- H-130 / 87 17, 125 L: VS
& SchE		 In the relationships between the operations of the grain industry for the delivery of grain, the customer is responsible for sensory input control. If, as a result of defects that could not be detected by sensors, the non-quality grain is mixed with the quality grain, and if this grain can no longer be used as intended, the basis for calculating the quality contractual penalty is only that part that was actually not of quality at the time of delivery . The supplier has to pay compensation for the deterioration of the originally quality grain that can be traced back to the mixing.
33- L-24 / 87 17, 127 G In the contract between a farm and a retailer for the supply of fresh fruit and vegetables, an agreement must be made on the division of the wholesale margin.
The distribution of trade margins is to be carried out in such a way that the costs incurred by the partners in direct business are covered and the organization of direct relationships with both partners is stimulated economically.
32- R-224 / 87 17, 130 L: VS The contractual penalty for exceeding the delivery deadline for returnable packaging can be demanded in addition to the contractual penalty for delayed or improper provision of returnable packaging for collection.
33- E-88 / 87 17, 131 G The maximum values ​​for the permissible wastewater load are not an integral part of the wastewater discharge contracts. They are bindingly determined by the pension provider.
33- C-31 / 87 17, 133 A. Increased transport costs for the subsequent agricultural user of reclaimed land are not compensated for by the financial resources to be provided after the recultivation AO.
If land areas that have been reclaimed are handed over as a compensatory measure for the permanent withdrawal of agricultural land, the non-agricultural user must compensate for the increased transport costs of the subsequent agricultural user in accordance with the 1st DB for the Land Use Regulation.
In principle, the non-agricultural user cannot refuse this compensation on the grounds that the decision by the district council on the subsequent user is the cause of the higher transport costs.
32- P-462 / 87 17, 136 L: SchE For total or partial loss of the goods during transport, the transport company must pay compensation in the amount of the price of the goods specified in the price regulations.
This is the price that applies to the eligible transport customer.
32- F-40 / 87 17, 142 L: VS The basis for the calculation of the demurrage fee and the surcharge on the demurrage fee if the loading period is exceeded is the officially stated load-bearing capacity in the ship's calibration certificate, but not the real transport space available depending on the water level under the specific conditions of the transport.
32- AD-678 / 87 17, 149 L: AE
& VS		 In the case of justified self-improvement, the supplier is obliged to reimburse the expenses for the elimination of all defects that were found to be defective in a product that was reported to be defective because the permissible error frequency was exceeded. He cannot rely on the fact that errors occurring to a certain extent are permissible according to the state standard and that it has been agreed between the partners that expenses incurred for the elimination of these errors are to be borne by the customer.
32- AD-586 / 87 17, 155 L: VS A stipulation, according to which a customer has to accept goods of a lower quality level to a certain extent in fulfillment of the contract, does not change the fact that the object of performance is products of the highest quality level. A contractual penalty to be demanded for non-performance must therefore always be calculated on the basis of the price applicable for this quality.
32- AE-68 / 87 17, 157 87/4, 105 [2] L: Pr / R The monthly period for the notification of defects regulated in Section 92 (1) VG does not begin before the warranty period to which the notifier is entitled has expired. This also applies if the end of the guarantee period is based on Section 47 (2) VG.
Was price repayment made with the end consumer (citizen) in accordance with § 151 para. 1 no. 4 ZGB agreed, this does not end the gem. Section 47 (2) no. 3 VG certain guarantee period for wholesalers or retailers in relation to the manufacturer.
23- D-222 / 87 17, 162 L: VS If a claim for a quality contract penalty is statute-barred, the legal reason for the increase in the quality contract penalty resulting from failure to comply with the date of subsequent improvement or replacement does not apply.
22- B-166 / 87 17, 167 L: VS Insofar as no specific legal or coordination contractually agreed deadlines have been set for the conclusion of the contract, a contractual penalty for unfounded delay or refusal to conclude the contract can only be demanded if the contract was not concluded within one month after the state plan was issued.
It does not matter if the requirements for the conclusion of a contract were met earlier.
32- AP-399 / 87 17, 171 87/4, 105 [1] L: VS If a balance sheet decision is made that affects the fulfillment of export obligations without the necessary consent of the Minister for Foreign Trade, the export company is responsible for any breaches of contract resulting from this balance sheet decision even if the balance sheet body is not at the same time its superordinate body or combine.
22- AK-613 / 87 17, 176 L: VS The regulations for sanctions due to the cancellation of the contract, which are provided in the event of the fund return, do not apply if the cancellation of the contract is only aimed at enabling the withdrawal from another partner.
22- AH-604 / 87 17, 178 L: VS The exceptional reduction of a contractual penalty requires that the company violating the contract is responsible for the breach of contract. The recognition of extraordinary efforts of the company violating the contract with a reduction of the contractual penalty is therefore not opposed to his responsibility.
22- AH-123 / 87 17, 181 L: VS The collection of a contractual penalty in favor of the state budget on the grounds of failure to calculate is inadmissible if the contractual penalty was calculated and only assumed that there was an offense other than the applicable one.
22- AF-155 / 87 17, 182 L: VS If the end customer of the imported product is only entitled to the minimum contractual penalty, the scope of his obligation to pay his customer is limited to the amount of this contractual penalty (absolute amount).
22- AM-118 / 87 17, 186 L: Gar
& VS		 The StVG has to clarify the matter with an effort corresponding to the importance of the dispute and in this context decides on requests for evidence from the partners. If certain factors can no longer be fully clarified, it must be considered whether a decision is possible on the basis of the established facts or whether a decision on the burden of proof is inevitable.
22- AK-412 / 87 17, 190 L: SchE A surrender claim that has not yet become due cannot be decided by deciding on the reason for the claim, but only by establishing the surrender obligation, provided that the purchaser needs legal protection for this.
22- H-1289 / 87 17, 192 G If the general directors of two combines have stipulated to the companies subordinate to them that if the companies unsuccessfully resolved disputes on their own responsibility for the conclusion of the contract, both general directors are to be involved in clarifying these problems of cooperation and at the same time to submit solutions to them, then the enforcement of these stipulations is one of the duties of the companies that are incumbent on them in the context of the attempted independent solution of the dispute.
If the relevant stipulations are not adhered to, the StVG can reject the application for an obligation to conclude a contract.
23- AH-184 / 87 17, 194 87/4, 108 G With the referral of a dispute back to the partners to bring about a self-responsible solution, procedural dispositions are to be connected, which extend to the implementation of the self-responsible solution taking into account the existing requirements. The fulfillment of the orders can be enforced by threatening and imposing a fine. It is not possible to threaten and impose a fine in the event that the partners do not reach an agreement to resolve the dispute.
32- AK-332 / 87 17, 197 87/4, 107 [2] L: WS If an economic sanction has been collected for exceeding the transport code in the budget enforcement procedure provided for this purpose, the StVG is not responsible for any disputes arising from this.
On the other hand, the StVG is responsible if the obligated party regains the amount collected in the budget enforcement procedure through improper use of the direct debit procedure.
23- N-142 / 87 17, 199 L: VS If a business entity does not calculate a contractual penalty in the legally possible amount, the unlawfully not calculated contractual penalty amount must be collected in favor of the state budget if the other legally regulated requirements are met.
23- K-318 / 87 88/3, 80 [1] L: VS If the preparation plan made a decision about the use of a contractor, this decision applies to the preparation and implementation of the overall project. This also applies if the overall project is prepared and implemented in usable sub-projects.
26- AB-810 / 87 88/3, 81 [1] L: VS Unless otherwise agreed, the notification of defects procedure in accordance with Section 91 (1) VG also applies to import relationships that are handled by a trading company as an import company, but where delivery is made directly to the end customer. For the calculation of the sanctions due to the quality violation, the point in time of the notification of defects by the end customer is decisive.
32- B-109 / 87 88/4, 100 L: VS The binding effect of the decision made by the retailer on the price repayment to the buyer extends in the cooperation chain to the existence of the defect and the type of claim. However, the amount of the repayment claim is based on the price applicable to the respective partner relationship.
Difference amounts resulting from different prices in the individual cooperation levels justify claims for damages, which are usually compensated for by the contractual penalty due to poor quality performance.
32- AL-689 / 87 88/4, 98 L: VS A contractual penalty due to delay in the conclusion of the contract presupposes that the person obliged to conclude the contract has delayed the conclusion for no reason. This is not the case if justified objections are raised against required contractual conditions that would call the purpose of the contract into question.
22- L-15 / 87 89/1, 22 L: WS If the need no longer exists, the obligation to return funds that are not required immediately exists only up to the point in time of the fulfillment of the relevant economic contract, which is to be changed or canceled accordingly.
If the demand does not occur until after the contract has been fulfilled, the consumer has the obligation to use stocks in an economically sensible way.
22- S-303 / 87 89/1, 24 L: VSZ If the last day of a delivery period is shown as the contractual delivery time in the contract document on successive deliveries, this usually means that the period before that was agreed as the contractual delivery period. In case of doubt, the actual will of the partners must be researched on the basis of their correspondence, which led to the preparation of the conclusion of the contract.
22- L-1683 / 87 89/2, 49 L: WS Funds that are not required must be returned to the fund operator immediately by the consumer. This applies regardless of whether they are balance sheet shares or other funds.
The determination of unnecessary material funds by the accounting body or the accounting commissioned body or by a state control body does not justify the right to appropriate sanctions independently, but only in connection with the relevant legally regulated facts.
22- L-1402 / 87 89/2, 50 [1] G A commercial contract is to be canceled if the requirement on which the order is based no longer applies. A claim by the consumer to maintain the contract and to set new delivery dates cannot be enforced if the need cannot be justified economically.
23- H-613 / 87 89/2, 52 G The agreement of an increased or additional contractual penalty in the event of non-compliance with the rework deadline is also enforceable after the service has been accepted.
22- S-472 / 87 89/2, 53 [2] L: AE If, on the basis of a power of attorney for a business entity, a lawyer successfully initiates the implementation of a cooperation assurance procedure in accordance with § 18a SVG-VO at the State Contracting Court, he is entitled to payment of a full fee for the suggestion. This fee is a reimbursable expense and can be set at the request of the business entity by order of the head of the office.
22- B-620 / 87 89/3, 79 G If the supplier rejects the customer's offer of contract, citing an intended but neither approved nor agreed with a partner taking over the production to relocate production, this is an unfounded refusal to conclude a contract.
22- D-1468 / 87 89/3, 80 [1] G The contractor is not entitled to refuse the conclusion of the contract for the preparation of the offer required for the realization of a plant export project on the grounds that the current technical development effort of the service in the realization period cannot yet be foreseen.
32- K-244 / 87 89/3, 81 [2] L: VS The definition of the loan packaging AO, according to which the returned loan packaging is to be offset against the loan packaging of the same type of the oldest delivery of goods, applies regardless of whether the deliveries have been made to several structural units of the recipient. The offsetting is to be carried out in the result of the balancing of the returns or return obligations of all structural units supplied. This also applies to the delivery of goods to retail outlets.
22- G-441 / 87 89/4, 103 G The agreed price for a basic research task to be carried out by order can be changed by agreement of the partners if the scope of the contractually agreed service changes. The prohibition of post-calculation is not affected.
32- AB-156 / 88 17, 137 L: VS / R In order to ensure the short-term economic effectiveness of the legal consequences of exceeding the loading deadline, the DR is commissioned to collect wagon demurrage in the budget enforcement procedure.
If the DR collects a wagon demurrage claim after the statute of limitations in the budget enforcement procedure has expired, the shipper has a right to surrender due to unjustifiably obtained services.
For the assessment of the existence of an unjustified application of the budget enforcement procedure due to the expiry of the statute of limitations, the time at which the budget enforcement order was forwarded to the state bank is decisive.
22- AK-32 / 88 17, 151 L: AE If the elimination of defects is permissible through self-improvement, the limitation period for the claim for reimbursement of expenses is suspended from the notification of the defect to the declaration by the supplier that he is refusing the reimbursement of expenses.
23- K-16 / 88 88/3, 81 [2] L: Pr / R After the termination of a usage relationship, the user continues to pay and then reclaims the usage fees without any legal justification, qualify as non-contractual claims and are subject to the statute of limitations of the Civil Code.
22- L-359 / 88 88/4, 99 [1] L: VS The contractual penalty rates for the breach of obligations from export contracts apply exclusively to contracts between the foreign trade companies and the export companies and do not apply to other domestic cooperation partners.
22- C-65 / 88 89/1, 23 [1] L: VS The legal provisions on the export of plants apply if an order number has been assigned for the export project. In this case, the contractual penalty is 1% for each calendar decade or part of the delay.
22- M-14 / 88 89/1, 23 [2] L: VS The extension of the delivery period for metallurgical products by a maximum of 2 weeks in the event that the supplier is required to ship the metallurgical products as a supplementary load or a bulk load can be made to the additional or second recipient as well as to the main or first recipient in Can be claimed.
22- AF-368 / 88 89/2, 51 [1] L: VS If a product no longer corresponds to the contractually agreed purpose because the quality parameters have been changed during its further development, and if no agreements have been made with the customer on this, the supplier is responsible for the quality violation.
32- S-112 / 88 89/2, 53 [1] L: VS The State Contracting Court is responsible for resolving disputes in the drafting and performance of business contracts between a state body and a subordinate business entity.
23- M-263 / 88 89/3, 80 [2] L: VS If the client has to create certain prerequisites which are intended to enable the company obliged to guarantee the timely implementation of repair work, the guarantor must make the necessary agreements with the client. If the guarantor fails to do this, he cannot invoke the partner's cause in the event of the resulting delay in rectification.
23- AN-517 / 88 89/3, 81 [1] L: VS If the partners have agreed that the packaging units are to be accompanied by information on the subject matter of the service, their lack of information does not constitute an incomplete service.
22- AR-537 / 88 89/4, 101 L: VS The suspension of the guarantee period during the repair extends to the entire service or the part affected by the defect. For the determination of the affected part, its relatively independent functionality within the object of performance is decisive. The limitation of the inhibition to the affected part is excluded if the entire object of the performance cannot be used as intended due to the defect.
22- A-2 / 89 90/1, 22 L: AE Insofar as a foreign trade company has satisfied justified product liability claims of a foreign buyer, it is entitled to reimbursement of its expenses from the manufacturer of the product. The foreign trade companies and the export companies have to conclude agreements on the examination and satisfaction or, if necessary, on the defense against product liability claims.

Similar facilities

country Facility Beginning The End ladder Publications
Germany Democratic Republic 1949GDR GDR State Contracting Court 1951 1990 Gerhard Walter (1967–74)
Manfred Flegel (1974–89)		 Jurisprudence
1.1970-17.1987 ( ZDB -ID 528145-3 )
Soviet UnionSoviet Union USSR Государственный арбитраж
State arbitrage 		1922/
1931		 1991 Е. В. Анисимов (1960–87)
Je. W. Anissimov 		Сборник инструктивных указаний
1.1955–31.1972 ( ZDB -ID 703336-9 )
Poland 1980Poland VRP Państwowy arbitraż gospodarczy State economic arbitrage
 1949 1989 Jan Topiński (1949–71)
Edward Zachajkiewicz (1972–89)		 Orzecznictwo
1949–1986 ( 704554-2 , 706380-5 )
CzechoslovakiaCzechoslovakia ČSSR Hospodářská arbitráž economic arbitrage
 1950 1991 Jindřich Dohnal
Václav Brandejs		 Arbitrážní praxe
1.1961–31.1991 ( ZDB -ID 700147-2 )
Hungary 1957Hungary UVR Gazdasági döntőbizottság economic arbitrage
 1951 1990 (?) László Fülöp Döntőbíráskodás
1.1960–13.1972 ( ZDB -ID 701220-2 )
Romania 1965Romania SRR Arbitrajul de stat State arbitrage
 1949 1985 Marcu Witzman Arbitrajul de stat
1.1955-19.1973 ( ZDB -ID 700418-7 )
Bulgaria 1971Bulgaria VRB Държавен арбитраж
State arbitrage 		1950 1991 Христо Николов
Christo Nikolow 		Арбитражна практика
1.1957 / 59-14.1985 / 86 ( 707757-9 )
Mongolia People's Republic 1949Mongolian People's Republic MVR Улсын арбитрын газар State Arbitration Agency
 1940 (?) 1986 (?) Дамдинбуучийн Содномцэрэн
Damdinbuutschiin Sodnomtseren
VietnamVietnam SRV Trọng tài kinh tế economic arbitrage
 1960 1994 (?) Nguyễn Quang Xá
CubaCuba Cuba Arbitraje estatal
State arbitrage 		1962 1991 Miguel Reyes Salia (1979-84)
Yugoslavia Socialist Federal RepublicYugoslavia FVRJ Државна арбитража
State arbitrage 		1947 1954
China People's RepublicPeople's Republic of China PRC 经济 合同 仲裁 机关 Jīngjì hétóng zhòngcái jīguān Economic Contract Arbitration Body
 1983 (?) 1994

literature

  • Heiner Timmermann: Dictatorships in Europe in the 20th Century - the Fall of the GDR . 1996, ISBN 978-3-428-48957-2 , p. 77, online .
  • Verena Knauf: The civil decisions of the Supreme Court of the GDR from 1950–1958: publication practice and culture of justification . Volume 43 of Berliner Juristische Universitätsschriften / series Basics of Law, University of Berlin, 2007, ISBN 978-3-8305-1360-5 , pp. 187 ff, online .
  • Martin Scheugenpflug: The transition of the GDR judiciary into constitutional structures . 1995, ISBN 3-428-08316-4 , pp. 58-59, online .
  • Bruno Schönfelder: From late socialism to the private legal system . 2012, ISBN 978-3-8305-3076-3 , pp. 379-385, online .

Decision making

  • From the award practice of the State Contracting Court (1.1971–17.1989, ZDB -ID 528145-3 ).
  • Furthermore: From the ruling practice of the arbitration tribunal at the Chamber for Foreign Trade of the German Democratic Republic ( ZDB -ID 1181718-5 ).

Magazines

  • Contract system ( VS , 1.1957–13.1969, ZDB -ID 511553-x ); Commercial law ( WR , 1.1970–21.1990, ZDB -ID 511554-1 ).
  • Enclosure: orders and communications of the State contract Court of Ministers of the GDR ( VUM StVG , 1955-1990, ZDB -ID 704891-9 ).

Legal norms

Individual evidence

  1. ↑ a b § 22 para. 1 VG 1982 ; Section 1 (1) and Section 9 (1) SVG-VO
  2. ↑ § 10 para. 1 SVG-VO; originally also contractual arbitration offices within an administrative department ( Russian ведомственный арбитраж ), VGVO 1951 § 2 and 1959 § 1
  3. ↑ Gerhard Walter, comment on SVG VO (1971), Before §§ 1-8a, p 70- 73 ; see. Article 92 of the 1968 Constitution
  4. ↑ Ulrich Lohmann: Court constitution and legal protection in the GDR (=  studies on social science . Volume 62 ). Westdeutscher Verlag, Opladen 1986, ISBN 3-531-11801-3 , pp. 39 ( limited preview in Google Book search).
  5. ↑ GBl. I No. 147 p. 1143 ; for East Berlin : Ordinance on the formation and activities of the Greater Berlin Contracting Court of February 12, 1952 (VOBl. I p. 78)
  6. ↑ OG Z 7, 239 (1959); but also see the joint circular 8/55 and OGZ 4, 73 (1956) on rental, lease and usage contracts
  7. ↑ SVG-VO 1963 § 14
  8. ↑ Example: Land Use Ordinance of December 17, 1964 ( Journal of Laws I 1965 No. 32 p. 233 ) / Immissionsschutz , ZVG (33-A-43-50 / 67), contract system 1969 p. 636; Tobias Huff: On the environmental policy of the GDR , GG 2014, pp. 523 , 533
  9. ↑ Example: BVG Cottbus (33-C-8/74), Spruchpraxis 6, 187
  10. ↑ Fourth implementing provision for the ordinance on the tasks and functioning of the State Contracting Court - arbitration on the obligation to pay an economic sanction - dated June 15, 1972 ( Journal of Laws of II No. 45 p. 521 ); later §§ 109, 110 Contract Act 1982
  11. ↑ Contents from the ruling practice of the State Contracting Court (1.1971–17.1989, ZDB -ID 528145-3 )
  12. ↑ instead the general director of the combine according to § 23 para. 2 Combine Ordinance 1979 , § 21 para. 3 VG 1982 (see also the request for a decision according to § 27 VG 1982). Example: ZVG (22-AL-513/79), Spruchpraxis 10, 141
  13. ↑ instead the Leipzig District Court according to Section 30 (3) of the Courts Constitution Act of September 27, 1974 ( Journal of Laws of I No. 48 p. 457 ); OG Z 16, 184 = NJ 1981, 378 = GRUR Int. 1982, 259 ; different for secondary copyright contract law, BVG Rostock (22-R-275/74), Spruchpraxis 6, 47
  14. ↑ BVG Dresden (33-D-132/70), Spruchpraxis 1, 210
  15. ↑ BVG Halle (22-H-215/81), Spruchpraxis 13, 135
  16. ↑ Ordinance on keeping the register of the nationally owned economy of October 16, 1968 ( Journal of Laws of II No. 121 p. 968 )
  17. ↑ on this with reference to the Bernhard Großfeld operating premiums fund : Money sanctions for breach of contract in a communist economy . In: The Yale Law Journal . tape 72 , no. 7 , 1963, pp. 1326-1346 , JSTOR : 794555 .
  18. ↑ cf. Resolution on the equalization procedure for state-owned enterprises of December 11, 1968 ( Journal of Laws of II No. 133 p. 1073 )
  19. ↑ Example: ZVG (22-AD-323/71), Spruchpraxis 2, 24 - Refusal of direct withdrawal for economic reasons
  20. ↑ Examples: ZVG (23-AD-290/77), Spruchpraxis 8, 164; BVG Karl-Marx-Stadt (32-K-660/78), Spruchpraxis 10, 170
  21. ↑ Spruchpraxis 3, 11
  22. ↑ Announcement on the pronouncements of the State Contracting Court of June 25, 1963 (VuM StVG 1963 No. 4 p. 1)
  23. ↑ Example: BVG Gera (22-G-140/71), Spruchpraxis 2, 185 (in a cooperation guarantee procedure)
  24. ↑ ZVG (22-AB-71/77), Spruchpraxis 8, 167
  25. ↑ Examples: BVG Potsdam (22-P-3/72), Spruchpraxis 3, 235; BVG Berlin (23-B-12/75), Spruchpraxis 7, 59
  26. ↑ Law to Combat Administrative Offenses (OWG) of January 12, 1968 ( Journal of Laws of I No. 3 p. 101 )
  27. ↑ Example: BVG Schwerin (32-S-116/83), Spruchpraxis 14, 94
  28. ↑ Handbook of the Soviet Zone People's Chamber , 2nd legislative period
  29. ^ New Germany of September 7, 1967
  30. ↑ stiftung-aufverarbeitung.de
  31. ^ New Germany of February 15, 1974
  32. ↑ archivportal-d.de
  33. ↑ Hans Hubertus von Roenne: "Politically unsustainable ...?" (1997), p. 57
  34. ↑ Implementing ordinance for the Courts Constitution Act - restructuring of the State Contracting Court - dated June 6, 1990 ( Journal of Laws of I No. 32 p. 284 )
  35. ↑ ECLI : BGH : 1992: 141092UVIIIZR100.91.0 and BGHZ 121, 378 (1993)
  36. ↑ a b c d e f g h i j Directory of Telex users in the GDR 1988 (PDF; 41.5 MB)
  37. ↑ a b c d e f g h i j k Yearbook of the German Democratic Republic , 5.1960, p. 446
  38. ↑ Type of procedure: A = compensation; G = design; K = control; KS = ensuring cooperation; L = performance (AE = reimbursement of expenses; Gar = guarantee; Pr = price; SchE = compensation; VS = contractual penalty; WS = economic sanction)
  39. ↑ Положение о порядке разрешения имущественных споров между государственными учреждениями и предприятиями ( СУ РСФСР , 1922 № 60, ст. 769)
  40. ↑ Положение о государственном арбитраже (СЗ СССР, 1931, № 26, ст. 203)
  41. ↑ Постановление Президиума Верховного Совета РСФСР от 28.12.1991 № 3045-1 «Об упразднении Верховного Суда СССР, Высшего Арбитражного Суда СССР и Прокуратуры СССР» (ВВС РСФСР, 1992, № 2, ст. 74)
  42. ↑ Сборник инструктивных указаний Государственного арбитража при Совете Министров СССР
  43. ↑ Ustawa z dnia 24 maja 1989 r. o rozpoznawaniu przez sądy spraw gospodarczych ( Dz.U. 1989 nr 33 poz. 175)
  44. ↑ Zákon o hospodářských smlouvách a státní arbitráži (č. 99/1950 Sb. )
  45. ↑ a döntőbizottsági eljárásról szóló 207/1951. (XII. 8.) MT rendelet
  46. ↑ Decree no. 259 din 15 June 1949, pentru Arbitrajul de Stat
  47. ↑ Decree no. 81 din 15 martie 1985 ( BO no. 13 din 18 martie 1985)
  48. ↑ Закон за държавния арбитраж ( ДВ бр. 127 от 31 Май 1950 г.)
  49. ↑ Хууль, дурэм, тогтоолын эмхтгэл, 1965, № 3
  50. ↑ Арбитрын байгууллагын үүсэл
  51. ↑ Pháp lệnh Trọng tài kinh tế 1990 (31-LCT / HĐNN8)
  52. ↑ Nghị định số 20 / TTg ngày 14/1/1960
  53. ↑ Nghị định số 116 / CP ngày 5/9/1994
  54. ^ Decreto N. ° 23 de 3 de julio de 1978
  55. ↑ Ley 1047 de 6 de agosto de 1962 (Gaceta Oficial Ordinaria 153 de 9 de agosto de 1962)
  56. ↑ Decreto-Ley number 129, “De Extinción del sistema de Arbitraje Estatal” (Gaceta Oficial Extraordinaria 9 de 19 de agosto de 1991)
  57. ↑ Закон о државној арбитражи ( Сл. Лист ФНРЈ, бр. 107/47 )
  58. ↑ afterwards: Привредни судови (commercial courts; Сл. Лист ФНРЈ, бр. 31/54)
  59. ↑ 中华人民共和国 经济 合同 仲裁 条例 Zhōnghuá rénmín gònghéguó jīngjì hétóng zhòngcái tiáolì (1983 年 8 月 22 日)