VII. Civil Senate of the Imperial Court
The VII 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. It was established on May 1, 1899, because with the entry into force of the Civil Code on January 1, 1900, the Bavarian Supreme Court was no longer the Bavarian appeal body in civil matters. With the new Senate this new business case should be absorbed. When the 6th Civil Senate was in the meantime dissolved on December 1, 1923, the previous VII Civil Senate moved up on January 1, 1924 and was named VI. Civil Senate. Since the 4th Civil Senate of the Reichsgericht was overburdened, the 5th Criminal Senate , from September 16, 1926, partially processed its business case as the 7th Civil Senate. The VII Civil Senate was re-established in its previous scope on June 15, 1927.
Business distribution 1900/04
"The VII Civil Senate is assigned:
- 1. Insofar as it concerns the application of the law in force from 1900 onwards, from the whole empire, otherwise with the exception of those under III no. 3 , subject to the special provision under b, legal disputes over:
- a) Claims arising from expropriations on the basis of imperial and state laws (including the Prussian Local Roads Act of July 2, 1875 as well as § 75 Einl. zum Pruss. AllLR , insofar as it concerns real rights),
- b) Mining law and water law , unless V. No. 2 applies,
- c) Hunting and fishing rights, including lease agreements and compensation for game damage,
- d) Claims from insurance relationships, with the exception of those under I. No. 3 falling things, if the lawsuit was filed before 1900,
- e) Actions for avoidance of legal transactions of a debtor to the detriment of his creditors in bankruptcy (KO Sections 29-42 together with Section 196) and outside of it ( Avoidance Act of July 21, 1879) including alleged simulation,
- f) Settlements (BGB § 779), arbitration contracts and arbitration awards (ZPO §§ 1025ff. together with § 274 Paragraph 2 Clause 3) as well as foreclosures , except for immovable property,
- g) Taxes and stamps on the basis of imperial and state laws.
- 2. Insofar as it is a question of the application of the law in force from 1900 onwards, furthermore from the whole empire:
- a) the legal disputes over Werkverdinge (BGB §§ 631ff.)
- b) the legal disputes about easements (including emergency routes), real encumbrances and other real rights to third-party property, except for those under V no. 1, together with legal transactions relating thereto,
- c) all legal matters for which the Higher Regional Culture Court in Berlin is responsible in the second instance ; otherwise only those under IV no. 2 listed districts.
- 3. Unless it concerns the application of the law applicable from 1900, from the higher regional court districts of Breslau , Hamm , Naumburg (with the exception of the Thuringian and Anhalt parts of the country) and Posen, the legal disputes about claims from the purchase and exchange of movable property and claims with the exception of securities. "
1904: the Senate has
- - Submitted to the V Civil Senate, the legal disputes about mining law, VII. No. I b,
- - and taken over
- a) from the I. Civil Senate the under I no. 5 legal disputes with the exception of those about securities,
- b) from the II. Civil Senate the under II. No. 1 a and c designated legal disputes and
- c) from III. Civil Senate the legal disputes about insurance relationships, III. Point 2, if they have not yet been assigned to him.
Known cases
- "Guarantee certificate" ( RGZ 61, 415; judgment of October 27, 1905 on the entry into force of a written declaration of intent among those present)
- " Bonifatiusfall " ( RGZ 83, 233)
- "Lagerhalter-Case I" ( RGZ 135, 75, judgment of February 5, 1932 on equal indirect secondary ownership)
- "Warehouse keeper case II" ( RGZ 138, 265; judgment of November 11, 1932 on indirect secondary ownership at the same level)
- Bailiff as a state organ ( RGZ 156, 395; judgment of January 21, 1938)
occupation
Color legend:
- Retired before July 1, 1919
- Retired before October 1, 1934
- Retired after October 1, 1934
Senate presidents
| No. | Surname | appointment | Resignation from the Senate | Honors | |
|---|---|---|---|---|---|
| 1 | Wilhelm Maßmann (1837-1916) | May 1, 1899 | June 1, 1907 | retirement | |
| 2 | Karl von Hassell (1841–1925) | June 1, 1907 | April 1, 1914 | Transfer to the 6th civil senate | |
| 3 | Caesar Predari (1853–) | April 1, 1914 | December 1, 1923 | retirement | |
| 4th | Otto Strecker (1862–) | May 22, 1924 | January 1, 1929 | retirement | |
| 5 | Franz Mentzel (1864-1949) | January 1, 1929 | April 1, 1932 | ||
| 6th | Fritz Seyffarth (1872–1938) | April 1, 1932 | 1933 | Transfer to the 4th civil senate | |
| 7th | Wilhelm Kiesow (1881–1938) | before 1934 | before 1934 | Transfer to the 2nd civil senate | |
| 8th | Dieprand von Richthofen (1875–1946) | January 1, 1934 | March 31, 1942 | retirement | |
| 9 | Hermann Günther (1882–1945) | April 1, 1942 | 1945 |
Imperial judges
| No. | Surname | Senate entry | Resignation from the Senate | ||
|---|---|---|---|---|---|
| 1 | Richard Förtsch (1837-1916) | May 1, 1899 | June 1, 1902 | Appointment as Senate President of the 2nd Civil Senate | |
| 2 | Albert Georg Ferdinand Wandersleben (1837–1900) | May 1, 1899 | July 6, 1900 | Deceased | |
| 3 | Karl von Hassell (1841–1925) | May 1, 1899 | June 1, 1907 | Appointment as President of the Senate | |
| 4th | Eugen Meyn (1849–1926) | May 1, 1899 | July 1, 1910 | Appointment as Senate President of the 2nd Civil Senate | |
| 5 | Hermann von Bülow (1842–1906) | May 1, 1899 | October 23, 1906 | Deceased | |
| 6th | Günther von Bünau (1844–1899) | May 1, 1899 | September 17, 1899 | Deceased | |
| 7th | August Robert Trader (1850–1902) | May 1, 1899 | March 21, 1902 | Deceased | |
| 8th | Christian von Kolb (1848–1924) | January 1, 1900 | November 9, 1909 | Appointment as Senate President of the 1st Criminal Senate | |
| 9 | Karl Goecke (1844–1906) | October 1, 1900 | December 3, 1906 | Deceased | |
| 10 | Caesar Predari (1853–) | June 1, 1902 | April 1, 1914 | Appointment as President of the Senate | |
| 11 | Georg Hoffmann (1848–1919) | June 1, 1902 | January 26, 1903 | Transfer to the 4th civil senate | |
| 12 | Felix Specht (1850–) | January 26, 1903 | May 1, 1922 | retirement | |
| 13 | Heinrich Adolf Berendes (1848–1932) | April 4, 1905 | November 16, 1905 | Transfer to the 1st civil senate | |
| 14th | Eduard Hermann Karl Ruffmann (1852–) | October 22, 1906 | November 1, 1906 | Transfer to the 2nd civil senate | |
| 15th | Moritz Kastan (1850-1917) | December 1, 1906 | October 12, 1917 | Deceased | |
| 16 | Paul Hetzell (1851-1922) | January 1, 1907 | April 1, 1921 | retirement | |
| 17th | Sigismund Ungewitter (1853-1925) | June 1, 1907 | October 1, 1922 | retirement | |
| 18th | Richard Paul Gustav Scholber (1852–) | July 1, 1909 | March 1, 1917 | retirement | |
| 19th | Otto Strecker (1862–) | November 25, 1909 and January 1, 1924 | December 15, 1909 and May 22, 1924 | Transfer to the 3rd Civil Senate or appointment as Senate President | |
| 20th | Hermann Schirmacher (1857–1925) | April 28, 1910 | March 18, 1925 | Deceased | |
| 21st | Edmund Fuchs (1849–) | July 1, 1910 | May 1, 1919 | retirement | |
| 22nd | Joseph Riehl (1857–) | September 16, 1910 (auxiliary judge) | September 30, 1911 (auxiliary judge) | exit | |
| 23 | Carl Wilhelm Niederstein (1864–1922) | May 1, 1912 (auxiliary judge) | November 15, 1913 (assistant judge) | Transfer to the 2nd civil senate | |
| 24 | Franz Arndts (1864–) | April 15, 1917 | May 7, 1917 | Transfer to the 4th civil senate | |
| 25th | Felix Czolbe (1863–) | May 7, 1917 | July 15, 1917 | Transfer to the 3rd civil senate | |
| 26th | Franz Mentzel (1864-1949) | July 1, 1917 | April 2, 1928 | Appointment as Senate President of the 8th Civil Senate and the 5th Criminal Senate | |
| 27 | Ernst Schliewen (1867–) | January 1, 1918 | 1932 | ||
| 28 | August Becker (1864–) | January 1, 1919 | February 1, 1919 | Transfer to the 5th civil senate | |
| 29 | Hugo Salinger (1866-1942) | May 1, 1919 and July 15, 1923 | January 1, 1920 or June 1931 | Transfer to the 5th civil senate or retirement | |
| 30th | Hugo Hoerner (1851–) | January 1, 1920 | May 1, 1923 | retirement | |
| 31 | Edmund Huyke (1864-1923) | January 1, 1921 | February 15, 1923 | Deceased | |
| 32 | Rudolf Bewer (1855-1930) | January 1, 1922 | January 1, 1924 | retirement | |
| 33 | Robert Teichmann (1867–1942) | July 15, 1923 | January 3, 1924 | Transfer to the 3rd civil senate | |
| 34 | Dieprand von Richthofen (1875–1946) | December 1, 1923 | January 1, 1934 | Appointment as President of the Senate | |
| 35 | Otto Warneyer (1867-1941) | January 3, 1924 | July 1, 1934 | ||
| 36 | Maximilian Schwalb (1864–1943) | September 16, 1925 | 1932 | ||
| 37 | Hans Free Life (1871–1945) | May 14, 1928 | September 19, 1929 | After praise transfer to the 3rd civil senate | |
| 38 | Joseph Richard Metz (1865–1945) | September 19, 1929 | |||
| 39 | Ernst Stölzel (1867–) | before 1932 | 1932 | ||
| 40 | Richard Oesterheld (1880–) | (October 1, 1931 auxiliary judge), September 1, 1932 and 1936 | 1933 and 1945 | Transfer to the 3rd criminal senate or 6th civil senate | |
| 41 | Hans Woldemar Schack (1878–1946) | 1933 | 1945 | ||
| 42 | Josef Eilles (1880–1966) | May 16, 1932 | 1945 | ||
| 43 | Kruger | 1933 or 1935 | 1933 and 1935 | ||
| 44 | Franz Schleyer (1879–1939) | July 15, 1933 | 1939 | ||
| 45 | Reinhold Unger (1877-1946) | July 1, 1934 | 1945 | 1945 in the 4th civil senate | |
| 46 | Heinrich Frings (1885–1946) | (Assistant judge July 1, 1934) January 22, 1935 | 1938 | 1939 in the 2nd civil senate | |
| 47 | Heinrich Burmeister (1883–1946) | February 1, 1935 | 1938 | 1939 in the 3rd civil senate | |
| 48 | Josef Balve (1883–1961) | May 4, 1937 | 1945 | ||
| 49 | Neumann | 1940 (auxiliary judge) | 1942 (auxiliary judge) |
literature
- Adolf Lobe : Fifty Years of the Reich Court on October 1, 1929 . Berlin 1929.
Individual evidence
- ↑ disposal of the Reich Justice Office of 19 April 1899 Federal Archives R 3002/81 Journal 75, 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 .
- ↑ Deutsche Juristen-Zeitung , Vol. 3, 1898, p. 468 .
- ↑ Decision of the Presidium of June 1, 1927, Federal Archives R 3002/81 pages 121–123, quoted in according to: Möller, p. 35 .
- ↑ RGZ 61, 415 ( Memento from August 5, 2012 in the web archive archive.today )
- ↑ RGZ 135, 75 ( Memento from August 5, 2012 in the web archive archive.today )
- ↑ RGZ 138, 265 ( Memento from August 5, 2012 in the web archive archive.today )
- ↑ RGZ 156, 395 ( Memento from May 15, 2003 in the Internet Archive ) (PDF)
- ↑ a b Handbook of Justice Administration . Reich Ministry of Justice, Berlin 1942, p. 27.
- ^ Initiative group Lager Mühlberg e. V. (Ed.): Book of the Dead - Special Camp No. 1 of the Soviet NKVD, Mühlberg / Elbe . Mühlberg / Elbe 2008, ISBN 978-3-00-026999-8 , p. 193.
Senate of the Reichsgericht (RG)