VI. Civil Senate of the Imperial Court
The VI. Civil Senate of the Reichsgericht was a panel of the Reichsgericht . It was one of a total of five to nine senates that dealt with civil matters. The VI. Civil Senate was established on May 1, 1886 and dissolved December 1, 1923. The previous 7th Civil Senate became the VI on January 1, 1924. Civil Senate. The Senate was re-established on June 15, 1927 and existed until 1945.
Business distribution 1900
The VI. Civil Senate are assigned:
- 1. Insofar as the new laws in force from 1900 onwards are applied, legal disputes from all over the empire over:
- a) Loans (BGB §§ 607 ff.) and guarantees (BGB §§ 765 ff.), as well as abstract obligations (BGB §§ 780–808, ZPO § 1003), unless I no. 2 applies,
- b) Contractual relationships (BGB §§ 662 ff.), management (BGB §§ 667 ff.) and enrichment (BGB §§ 812 ff.),
- c) Compensation for tortious acts (BGB §§ 823 ff.), with the exception of game damage (BGB § 835), including claims against civil servants and military personnel as well as against the state or other bodies as liable for this (BGB §§ 31, 89 , EinfG Art. 77), unless V no. I e applies,
- d) Violations of neighboring rights in the case of land (BGB §§ 903-910, GewO § 26 ),
- e) Claims for compensation based on other special statutory provisions, unless they are specifically assigned to another Senate.
- 2. Liability matters from all over the realm ( Reichsgesetz of June 7th, 1871 together with § 120a GewO ), however, insofar as it concerns claims from the tent before 1900, with the exception of those under II no. 3. designated districts. Unless the application of the law starting in 1900 is concerned, from the provisions under IV no. 2 designated districts:
- a) the above under no. 1 b (with the exception of enrichments), c and d designated items, unless IV no. 2 c applies
- b) the legal disputes over lease and rental contracts, service rent, business brokerage, work and construction contracts, contracts with builders for construction work and other contracts for movables (except for purchase and exchange) or actions as well as the legal disputes about useful uses,
- 4. From the higher regional court districts of Augsburg, Bamberg, Munich, Nuremberg, Dresden and Hamburg (with the exception of the Principality of Lübeck) things that are not specifically assigned to another senate.
- 5. From all over the Reich, with the exception of the Colmar Higher Regional Court, the preliminary ruling in civil matters according to Section 11 of the Introductory Act to the Courts Constitution Act.
Well-known decisions
- "Linoleum roll case" ( RGZ 78, 239; decision of December 7, 1911 to rediscover the cic )
- "Ruble case" ( RGZ 105, 406; judgment of November 30, 1922 on the open calculation error)
Occupation 1886 to 1923
Color legend:
- Retired before July 1, 1919
- Retired before October 1, 1934
- Retired after October 1, 1934
- Richter after 1946 (if known)
Senate presidents
No. | Surname | appointment | Resignation from the Senate | Honors | |
---|---|---|---|---|---|
1 | Karl Hocheder (1825–1913) | May 1, 1886 | January 1, 1891 | retirement | |
2 | George Rudolf Peterßen (1826–1903) | January 1, 1891 and March 1, 1902 | October 1, 1891 and July 1, 1902 | Transfer to the 3rd civil senate or retirement | |
3 | Friedrich von Hahn (1823-1897) | October 1, 1891 | January 1, 1893 | retirement | |
4th | Heinrich Dähnhardt (1836–1902) | January 1, 1893 | January 21, 1902 | Deceased | |
5 | Adolf August Hermann von Buchwald (1845–1913) | February 1, 1902 | March 1 (not May) 1902 | Appointment as President of the 3rd Civil Senate | |
6th | Heinrich Winchenbach (1837–1929) | July 1, 1902 | February 1, 1910 | retirement | |
7th | Stephan Hoffmann (1845-1924) | February 1, 1910 | April 1, 1914 | retirement | |
8th | Karl von Hassell (1841–1925) | April 1, 1914 | July 1, 1919 | retirement | |
9 | Heinrich Koenige (1852–1935) | July 1, 1919 | November 4, 1923 | retirement |
Imperial judges
No. | Surname | Senate entry | Resignation from the Senate | ||
---|---|---|---|---|---|
1 | Ferdinand von Gmelin (1824-1896) | May 1, 1886 | December 1, 1891 | retirement | |
2 | Rudolf Schlesinger (1831-1912) | May 1, 1886 | February 1, 1912 | retirement | |
3 | Konrad Robert Rüger (1829–1899) | May 1, 1886 | October 1, 1895 | retirement | |
4th | George Meyer (1828-1889) | May 1, 1886 | July 13, 1889 | Deceased | |
5 | Hermann Wittmaack (1833-1928) | May 1, 1886 | February 1, 1897 | retirement | |
6th | Gustav von Bezold (1829-1892) | May 1, 1886 | March 13, 1892 | Deceased | |
7th | Otto Löwenstein (1833–1909) | May 1, 1886 | May 1, 1896 | Appointment as Senate President of the 2nd Criminal Senate | |
8th | Ernst von Bomhard | January 1, 1890 | January 1, 1892 | Appointment as Senate President of the 1st Criminal Senate | |
9 | Karl von Ege (1837–1899) | December 1, 1891 | June 26, 1899 | Deceased | |
10 | Hermann Boethke (1833-1912) | January 1, 1892 | June 1, 1900 | retirement | |
11 | Karl Lippmann (1839–1915) | July 1, 1892 | April 1, 1906 | retirement | |
12 | Stephan Hoffmann (1845-1924) | October 1, 1895 | February 1, 1910 | Appointment as President of the Senate | |
13 | Paul Hugo Wolff (1841–1902) | May 1, 1896 | 4th September 1902 | Deceased | |
14th | Hermann von Bülow (1842–1906) | February 1, 1897 | May 1, 1899 | Transfer to the 7th civil senate | |
15th | Johannes von Schwarze (1849–1919) | May 1, 1899 | April 19, 1919 | Deceased | |
16 | Rudolf von Pelargus (1853–1923) | October 24, 1899 | January 1, 1900 | Transfer to the 1st criminal senate | |
17th | Karl Emil Goldmann (1848–1917) | January 1, 1900 | April 1, 1914 | retirement | |
18th | Wulf Tagg (1839-1914) | June 1, 1900 | March 1, 1910 | retirement | |
19th | Bernhard Schaffeld (1851-1924) | November 1, 1902 | December 1, 1923 | retirement | |
20th | Theodor Meyer (1853-1936) | April 1, 1906 | December 1, 1923 | retirement | |
21st | Rudolf Bewer (1855-1930) | February 1, 1910 and October 1, 1910 | January 1, 1916 and January 1, 1922 | Transfer to the 4th Civil Senate or 7th Civil Senate | |
22nd | Paul Josef Hankel (1856-) | March 1, 1910 | December 1, 1923 | Transfer to the 2nd civil senate | |
23 | Ernst Rosenberg (1862-) | October 17, 1912 (auxiliary judge September 16, 1910) | November 1, 1912 | Transfer to the 4th criminal senate | |
24 | Friedrich Flad (1869–1947) | April 5, 1914 (auxiliary judge September 16, 1910) | December 1, 1923 | Transfer to the 5th civil senate | |
25th | Ernst Neukamp (1852-1919) | February 1, 1912 | February 6, 1919 | Deceased | |
26th | Franz Arndts (1864-) | January 1, 1914 (auxiliary judge September 16, 1912) | January 21, 1914 | Transfer to the 4th civil senate | |
27 | Erich Brodmann (1855–1940) | October 1, 1915 (since October 19, 1918 also 2nd civil senate ) | January 1, 1919 | Transfer to the 2nd civil senate | |
28 | Conrad von Kienitz (1865–1949) | July 1, 1917 | September 15, 1917 | Transfer to the 5th criminal senate | |
29 | Karl Picot (1863–1939) | January 7, 1919 (also 1st criminal senate ) | October 1, 1919 | Transfer to the 2nd civil senate | |
30th | Dieprand von Richthofen (1875–1946) | May 1, 1919 | December 1, 1923 | Transfer to the 7th civil senate | |
31 | Peter Clasen (1866-) | October 1, 1919 (also 1st civil senate ) | January 1, 1920 | Transfer to the 5th civil senate | |
32 | Karl Linz (1869-) | November 16, 1919 | December 1, 1923 | Transfer to the 3rd civil senate | |
33 | Albrecht Heldrich (1862–1928) | April 1, 1920 | December 1, 1923 | Transfer to the 4th civil senate | |
34 | Edmund Huyke (1864-1923) | April 1, 1920 | January 1, 1921 | Transfer to the 7th civil senate |
Occupation 1924 to 1927
see 7th civil senate
literature
- Adolf Lobe : Fifty Years of the Reich Court on October 1, 1929 . Berlin 1929.
Individual evidence
- ↑ disposal of the Reich Justice Office of 28 April 1886 Federal Archives R 3002/81 Journal 74, cit. after: Kristina Möller: The case law of the Reichsgericht in civil matters. An examination of the jurisdiction and organization of the Reichsgericht as well as its jurisprudence in the 19th century with special consideration of the avoidance of bankruptcy (= legal and political scientific publications of the Görres Society NF 93). Paderborn 2001, p. 35.
- ↑ RGZ 78, 239 ( 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.
- ↑ RGZ 105, 406 ( 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.