V. Civil Senate of the Federal Court of Justice

from Wikipedia, the free encyclopedia

The Fifth Civil Senate is a panel of the Federal Court of Justice . It is one of a total of thirteen senates currently dealing with civil matters.

He is mainly responsible for property law (in particular property law, neighboring law, residential property law). The jurisdiction for detention matters is on September 1, 2019 on the newly created XIII. Civil Senate passed over.

occupation

The Senate is currently composed as follows:

Chairperson

No. Name (life data) Beginning of the term of office Term expires
1 Erich Pritsch (1887–1961) October 2, 1950 December 31, 1952
2 Friedrichasche (1896–1992) January 22, 1953 February 29, 1964
3 Georg Augustin (1904–1993) Apr 29, 1964 July 31, 1972
4th Reinhold Weber (* 1914) August 1, 1972 Late 1972 / early 1973
5 Hans Hill (1913–1995) January 29, 1973 May 31, 1981
6th Ludwig Thumm (1920–2011) June 2nd 1981 April 30, 1988
7th Horst Hagen (1934-2019) May 4, 1988 January 31, 1999
8th Joachim Wenzel (1940-2009) February 23, 1999 June 30, 2005
9 Wolfgang Krüger (* 1947) 4th July 2005 August 31, 2012
10 Christina Stresemann (* 1957) 3rd September 2012

Jurisdiction

According to the BGH's business distribution plan (as of 2015), the 5th Civil Senate is responsible for:

  1. the litigation over
    1. Claims from contracts for land and rights equivalent to land (including pre-emption and repurchase), unless III. Civil Senate (No. 3 a), the VIII Civil Senate (No. 2) or the X Civil Senate (No. 11) is responsible,
    2. Claims from possession and ownership of land and items that are physically connected to a property or building, including superstructures and boundary conditions (§§ 912–916, 919–923 BGB), as well as legal disputes arising from pre-emptive rights in rem and legal transactions about that,
    3. Claims according to Section 76 of the Telecommunications Act ,
    4. Claims from real rights to land and land rights and legal transactions about it,
    5. Neighbor law and its violation (§§ 903–910 BGB, § 14 BImSchG),
    6. Matters according to § 43 No. 1 to 4 WEG,
    7. Inheritance law , if it is exclusively or predominantly a right of succession to agricultural land that deviates from general law, unless the Senate is responsible for agricultural matters,
    8. Claims for damages due to violation of official duties by land registry officials in land registry matters, including recourse claims against civil servants,
    9. ecclesiastical conditions as well as school building loads and grave sites (Art. 132, 133 EGBGB),
    10. Family estates and fiefs (Art. 59 EGBGB),
    11. Land lease, unless the Senate is responsible for agricultural matters;
    12. Claims from possession and ownership of movable property, unless the VIII. Civil Senate (No. 1 c) or the XI. Civil Senate (No. 4) is responsible, from finds (§§ 965 ff BGB) as well as on the presentation of things (§§ 809 - 811 BGB), unless the XI. Civil Senate (No. 1 c) is responsible,
    13. Claims from usufruct and lien on movable property and rights including the commercial right of retention (§ 369 HGB) as well as legal transactions relating to this, unless XI. Civil senate is responsible;
  2. Legal complaints according to § 70 FamFG in
    1. Deprivation of liberty; on September 1, 2019 on the newly created XIII. Civil Senate passed over,
    2. Issues relating to the submission of the property owner, the mortgagee and the beneficiaries of other real rights,
    3. the cases of § 15 BNotO, § 54 BeurkG, provided the complaint is directed against the rejection of an official act according to §§ 45, 46, 51 BeurkG or against the replacement of an original, as well as § 129 GNotKG and § 156 KostO (the regulation in No. 10 of the final provisions on business allocation remains unaffected);
  3. Legal complaints in land register matters;
  4. the legal complaints and other legal remedies against complaint decisions and other resolutions - with the exception of resolutions in legal proceedings - on foreclosure on real estate including the purchase and exchange of rights from the highest bid (Section 81 ZVG);
  5. Decisions according to § 18 ThuG.

Web links

Individual evidence

  1. ↑ Distribution of the BGH's business (accessed on October 2, 2019)
  2. ^ Occupation of the fifth civil senate on the website of the Federal Court of Justice
  3. ↑ Federal Court of Justice - Business Distribution Plan 2015 ( Memento of the original from May 22, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (accessed on May 20, 2015) @1@ 2Template: Webachiv / IABot / www.bundesgerichtshof.de