V. Civil Senate of the Reich Court
The Fifth Civil Senate of the Reichsgericht was a ruling body of the Reichsgericht . It was one of a total of five to nine senates that dealt with civil matters.
history
The Senate existed from 1879 to 1945. Together with the IV Civil Senate , it was responsible for the areas of general land law for the Prussian states . In its case law on the Prussian law of 1872 on the acquisition of property and the land register, the Senate shaped the case law on real estate law of the BGB.
Business distribution 1900
The Fifth Civil Senate is assigned:
- 1. Insofar as the new laws in force from 1900 onwards are applied, from the whole empire, otherwise only from the under IV no. 2 designated districts the legal disputes over:
- a) Claims from possession and ownership of land ( Sections 911 ff. BGB ), including superstructures ( Sections 912 to 916 BGB) and delimitation ( Sections 919 and 920 BGB) as well as monetary claims in place of vindications no longer given ( Preuss. AllgLR I 15, §§ 14-16, 28-32), but with the exclusion of neighboring rights violations ( §§ 903 to 910 BGB), as well as emergency routes ( §§ 917 and 918 BGB),
- b) Claims from the purchase and exchange of real estate including repurchase and the right of first refusal , as well as from other contracts for real estate, unless they are specifically assigned to another Senate,
- c) mortgages , land charges and annuity charges along with legal transactions at this, including § 41 of the Prussian landed property Law of May 5, 1872
- d) Foreclosures on land
- e) Claims for damages on the basis of § 12 of the land register regulations .
- 2. From all over the realm with the exception of those under III no. 3 districts designated the mining law cases, provided that the lawsuit was filed before 1900.
- 3. From the under IV no. 2 also, unless it concerns the application of the law applicable from 1900, the legal disputes about:
- a) real rights to movable property
- b) Claims for violation of neighboring law in the case of land (in particular immissions)
- 4. For the entire Reich, the decision in cases under Section 79 of the Reich Land Register Regulations .
Taken over in 1904:
- From VI. Civil Senate the legal disputes about violations of neighboring law in the case of land ( §§ 903–910 BGB, § 26 GewO ), VI no. I d
- From the VII. Civil Senate the legal disputes about mining law relationships, insofar as they have not yet been assigned to it, VII no. 1 b.
Well-known judgments of the 5th civil senate
- Edelmannfall (RGZ 117, 121)
- Critic case (RGZ 133, 388; judgment of November 7, 1931 on the obligation to contract from § 826 BGB)
occupation
Color legend:
- Retired before July 1, 1919 in
- Retired before October 1, 1934 in
- Retired after October 1, 1934 in
- Richter after 1946 (if known) in
Senate presidents
| No. | Surname | appointment | Resignation from the Senate | ||
|---|---|---|---|---|---|
| 1 | August Ukert (1811–) | October 1, 1879 | June 1, 1884 | retirement | |
| 2 | Gustav Ludwig August Fleischauer (1819-1891) | June 1, 1884 | April 9, 1891 | Deceased | |
| 3 | Heinrich Wiener (1834-1897) | April 9, 1891 | October 1, 1896 | retirement | |
| 4th | Paul Kayser (1845–1898) | October 1, 1896 | February 13, 1898 | Deceased | |
| 5 | Otto Löwenstein (1833–1909) | February 13, 1898 | June 1, 1907 | retirement | |
| 6th | Karl Jeß (1843–1925) | July 1, 1907 | October 1, 1918 | retirement | |
| 7th | Gustav Friedrich Wilhelm Karl Struckmann (1867–) | October 1, 1918 | |||
| 8th | Peter Clasen (1866–) | 1930 | October 1, 1934 | retirement | |
| 9 | Karl Linz (1869–) | 1934 | 1937 | ||
| 10 | Eugen Kolb (1879–1954) | 1938 | May 1, 1938 | Transfer to the 2nd civil senate | |
| 10 | Karl Schrader (1876–) | May 1, 1938 | March 31, 1942 | Transfer to the 3rd civil senate | |
| 11 | Ernst Brandis (1880–1945) | 1945 |
Imperial judges
| No. | Surname | Senate entry | Resignation from the Senate | ||
|---|---|---|---|---|---|
| 1 | Wilhelm Hennecke (1812–1890) | October 1, 1879 | January 1, 1880 | Transfer to the 4th civil senate | |
| 2 | Friedrich Hugo Werner (1815–1906) | October 1, 1879 | April 1, 1885 | retirement | |
| 3 | Adolph Robert Rappold (1816–1899) | October 1, 1879 | April 1, 1886 | retirement | |
| 4th | Christoph Ernst Friedrich of Forcade de Biaix (1821-1891) | October 1, 1879 | October 1, 1890 | retirement | |
| 5 | George Meyer (1828-1889) | October 1, 1879 and January 1, 1883 | January 1, 1880 and May 1, 1886 | Transfer to the 2nd auxiliary senate or 3rd civil senate | |
| 6th | Friedrich Rassow (1826–1904) | October 1, 1879 and April 1, 1884 | February 1, 1880 and July 1, 1898 | Transfer to the first auxiliary senate or retirement | |
| 7th | Wilhelm Hartmann (1816–) | January 1, 1880 | March 15, 1883 | Transfer to the 4th civil senate | |
| 8th | Wilhelm Langerhans (1816–1902) | January 1, 1880 | January 1, 1887 | retirement | |
| 9 | Hermann Wittmaack (1833-1928) | January 1, 1880 | January 1, 1883 | Transfer to the 2nd criminal senate | |
| 10 | Ludolf Adolf Emil Paris (1821–1888) | March 1, 1882 | October 1, 1885 | retirement | |
| 11 | Gustav Ludwig August Fleischauer (1819-1891) | July 1, 1883 | July 1, 1884 | Appointment as President of the Senate | |
| 11 | Heinrich Beer (1829–1926) | June 1, 1885 | May 1, 1909 | retirement | |
| 12 | Adolf Wilhelm Zander (1829–1910) | October 1, 1885 | May 1, 1886 | Transfer to the 4th criminal senate | |
| 13 | Wilhelm Franz August Turnau (1832–1915) | April 1, 1886 | March 1, 1907 | retirement | |
| 14th | Friedrich Ferdinand Ludwig Rintelen (1836–1907) | May 1, 1886 | May 1, 1896 | Resignation as President of the Higher Regional Culture Court. | |
| 15th | Heinrich Friedrich Schütt (1835–1918) | May 1, 1886 | November 1, 1909 | retirement | |
| 16 | Otto Hermann Daubenspeck (1831-1915) | January 1, 1887 | January 1, 1899 | retirement | |
| 17th | Oskar Loebell (1836-1897) | January 1, 1891 | April 1, 1896 | retirement | |
| 18th | Alexander Achilles (1833-1900) | January 1, 1892 | April 1, 1895 | retirement | |
| 19th | Konrad Förster (1842–1906) | February 1, 1895 | December 11, 1906 | Deceased | |
| 20th | Paul Jaeckel (1845–1906) | April 1, 1896 | July 2, 1906 | Deceased | |
| 21st | Eugen Meyn (1849–1926) | May 1, 1896 | May 1, 1899 | Transfer to the 7th civil senate | |
| 22nd | Peter Spahn | July 1, 1898 | December 1, 1905 | exit | |
| 23 | Richard Skonietzki (1835–) | January 1, 1899 | November 1, 1910 | Transfer to the 1st criminal senate | |
| 24 | Ernst Schneider (1846–1914) | May 1, 1899 | February 1, 1914 | retirement | |
| 25th | Hugo Hoerner (1851–) | January 1, 1906 | January 1, 1920 | Transfer to the 7th civil senate | |
| 26th | Johannes Haas (1851–1908) | October 23, 1906 | January 29, 1908 | Deceased | |
| 27 | Eduard Louis Busch (1854–1932) | January 16, 1907 | December 1, 1923 | retirement | |
| 28 | Richard Althaus (1852 – after 1919) | March 1, 1907 | January 1, 1919 | retirement | |
| 29 | Ernst Heynacher (1854–1925) | February 26, 1908 | February 1, 1919 | retirement | |
| 30th | Johannes Georg Kiehl (1851–1926) | May 16, 1909 | May 1, 1922 | retirement | |
| 31 | Albert Simonson (1854-1942) | November 1, 1909 | December 1, 1923 | retirement | |
| 32 | Karl Lilienthal (1858–1935) | December 21, 1911 (assistant judge since September 16, 1910) | April 1, 1912 | Transfer to the 2nd civil senate | |
| 33 | Ludwig Happich (1858–) | (Assistant judge since November 1, 1910) | (February 1, 1912) | Transfer to the 3rd criminal senate | |
| 34 | Emil Kreß (1860-1922) | February 1, 1914 | September 16, 1914 | Transfer to the 3rd civil senate | |
| 35 | Richard Michaëlis (1856–1941) | October 1, 1914 | August 1, 1924 | retirement | |
| 36 | Paul Asten (1861-1925) | November 19, 1918 | January 1, 1919 | also 2nd civil senate | |
| 37 | Ernst Rosenberg (1862–) | January 1, 1919 | January 1, 1928 | also 4th criminal senate or retirement | |
| 38 | August Becker (1864–) | February 1, 1919 | January 1, 1920 | Resignation (President LG Hannover) | |
| 39 | Peter Clasen (1866–) | January 1, 1920 | circa 1930 | Appointment as President of the Senate | |
| 40 | Hugo Salinger (1866-1942) | January 1, 1920 | July 15, 1923 | Transfer to the 7th civil senate | |
| 41 | Edmund Huyke (1864-1923) | February 6, 1920 | April 1, 1920 | Transfer to the 6th civil senate | |
| 42 | Karl Lorenz (1868–1931) | May 8, 1922 | January 1, 1925 | Transfer to the 4th criminal senate | |
| 43 | Ernst Witten (1871–) | November 1, 1924 (assistant judge since July 15, 1923) | July 1, 1927 | Transfer to the 6th civil senate | |
| 44 | Franz Arndts (1864–) | December 1, 1923 | July 1, 1927 | also 4th Civil Senate or appointment as President of the 2nd Criminal Senate | |
| 45 | Friedrich Flad (1869–1947) | December 1, 1923 | June 5, 1927 | Appointment as President of the 6th Civil Division, 2nd Criminal Division | |
| 46 | Alfons David (1866–1954) | September 16, 1924 | January 1, 1929 | Appointment as President of the 8th Civil Senate | |
| 47 | Max Landois (1873-1935) | January 1, 1925 | |||
| 48 | Heinrich Fickler (1872–) | 4th December 1925 | 1938 and 1940 | 1942 | |
| 49 | Bruno Krüger (1878–1931) | November 10, 1925 | May 1, 1927 | exit | |
| 50 | Friedrich Brodführer (1878–) | June 15, 1927 | 1933 | Transfer to the 3rd civil senate | |
| 51 | Georg Pick (lawyer) (1869–1929) | July 1, 1927 | August 1, 1928 | retirement | |
| 52 | Hermann Epping (1875–) | July 1, 1927 | 1943/44 | Transfer to the 3rd civil senate | |
| 53 | Josef Brühl (1878–) | October 14, 1927 | 1942 | Also 4th criminal senate until January 1, 1928 | |
| 54 | Jakob Richard Ruhl (1878–) | January 2, 1928 | 1942 | Also 4th criminal senate until October 4, 1928 | |
| 55 | Willy Bessau (1885–) | February 1, 1929 | 1939 | ||
| 56 | Daniel Cohn | 1933 (1932 auxiliary judge) | 1933 | ||
| 57 | Kurt Zimmer (1885–1941) | 1934 | 1941 | ||
| 58 | Walter Peise | (Auxiliary judge 1936) | |||
| 59 | Carl Hertel (1879-1958) | 1938 | February 28, 1942 | retirement | |
| 60 | Hans Leopold (1886–) | April 1, 1941 | 1943/44 | Transfer to the 3rd civil senate | |
| 62 | Heinrich Hackl (1893–) | 1943 | 1945 | ||
| 63 | Witthöft | 1945 | |||
| 64 | Willy Musold (1898–) | 1945 | |||
| 65 | Johannes Denecke (1884–1974) | 1945 | |||
| 66 | Emil Böhmer (1889–1981) | 1945 | |||
| 67 | Friedrich Everling (1891-1958) | 1945 | |||
| 68 | Anton Neuss (1885–1957) | 1945 |
Individual evidence
- ↑ Eduard Müller : The first twenty-five years of the Reichsgericht, in: The first 25 years of the Reichsgericht, special issue of the Saxon Archives for German Civil Law on the 25th anniversary of the highest German court, p. 44.
- ↑ RGZ 133, 388 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Marc Lindner: "The Supreme Labor Court in Nazi Germany: A Jurisprudential Analysis", (Jurisprudence. Materials and Studies Vol. 2), Frankfurt am Main 1987, p. 84.
- ^ Reich Ministry of Justice (ed.): Handbuch der Justizverwaltung, Berlin 1942, p. 27.
- ↑ Hubert Rottleuthner : careers and continuities German Justice lawyers before and after 1945. Berlin 2010, p 256
literature
- Adolf Lobe: Fifty Years of the Reichsgericht on October 1, 1929, Berlin 1929.
Senate of the Reichsgericht (RG)