Reichsoberhandelsgericht

Last updated

Imperial High Commercial Court
Reichsoberhandelsgericht (German)
Georgenhalle Leipzig.jpg
The Georgenhalle, Leipzig, the seat of the court (c. 1860).
Reichsoberhandelsgericht
51°20′30″N12°22′50″E / 51.341734°N 12.380449°E / 51.341734; 12.380449
Established5 August 1870 (1870-08-05)
Dissolved30 September 1879 (1879-09-30)
Jurisdiction
Location Georgenhalle  [ de ], Leipzig, Kingdom of Saxony, German Empire
Coordinates 51°20′30″N12°22′50″E / 51.341734°N 12.380449°E / 51.341734; 12.380449
LanguageGerman

The Reichsoberhandelsgericht, abbreviated ROHG (English: Imperial High Commercial Court), was a short-lived German supreme court seated in Leipzig, which primarily dealt with appeals concerning commercial law, but later expanded its subject-matter jurisdiction. It was the first German court with local jurisdiction for all German territories since the disintegration of the Holy Roman Empire in 1806.

Contents

The court was established in 1870 named Bundesoberhandelsgericht, abbreviated BOHG (English: Federal High Commercial Court), as a body of the North German Confederation. After the formation of the German Empire in 1871, it was renamed to Reichsoberhandelsgericht and now had jurisdiction for the whole empire. In 1879, the court was dissolved and replaced by the newly founded Reichsgericht . During the 9 years of its existence, the president of the court was Heinrich Eduard von Pape  [ de ].

History

Background

With the disintegration of the Holy Roman Empire in 1806, the judicial activities of the two imperial German supreme courts – the Reichskammergericht (Imperial Chamber Court) in Wetzlar and the Reichshofrat (Aulic Council) in Vienna – ended. For more than six decades no federal supreme court existed in the German territories until the Reichsoberhandelsgericht was formed in 1869. [1] During the time of the German Confederation (1815–1866) and the North German Federation (1867–1871) the only court with local jurisdiction for more than one territory was the Oberappellationsgericht der vier Freien Städte (High Court of Appeal of the Four Free Cities) in Lübeck (1820–1879), which had territorial jurisdiction for Bremen, Frankfurt, Hamburg and Lübeck. [1]

The German Confederation did not establish a federal supreme court, because the Confederation left the sovereignty of the individual territories and states largely untouched. [2] But due to the lack of a federal supreme court, some concern existed in the confederation about the fragmentation of the law. These concerns intensified after a uniform German commercial law, the Allgemeines Deutsches Handelsgesetzbuch (General German Commercial Code), was introduced in the Confederation in 1861 without a federal supreme court being able to ensure its uniform application and interpretation. [1] The German Jurists Forum  [ de ] (Deutscher Juristentag), a deliberative congress of German lawyers, therefore called in 1860, 1861, 1863, 1864 and 1867 for the establishment of such a court. [1] In 1860, the German Jurist Forum argued, that at least for the unified areas of law – meaning commercial law and the law on promissory notes – a federal supreme court would be a necessity to ensure a consistent development of the law. [3]

Legislative process

Two years after the North German Confederation had been formed, the formal legislative process for the establishment of the Bundesoberhandelsgericht was started. On 23 February 1869, Richard von Friesen, the delegate of the Kingdom of Saxony, introduced its bill titled Entwurf eines Gesetzes, betreffend die Errichtung eines obersten Gerichtshofes in Handelssachen (Draft of a law concerning the establishment of a supreme court in commercial matters) in the Bundesrat . [4] [5] The bill proposed the establishment of a Federal High Commercial Court (the Bundesoberhandelsgericht), which should be seated in Leipzig, a Saxon city. The court should be headed by a president and the other members of the court should be a vice-president and a number of ordinary judges. [6] All judges should be appointed on the recommendation of the Bundesrat by its president, the King of Prussia. [6] The bill further set out that the court should have subject-matter jurisdiction for the Allgemeines Deutsches Handelsgesetzbuch and the law on promissory notes. [6] The content of the bill had probably been coordinated beforehand with Prussia. [1]

The bill was referred to the judicial committee of the Bundesrat, the Ausschuss für Justizwesen, on 1 March 1869. [5] The judicial committee examined it on 17 and 18 March 1869 and submitted its report to the plenum of the Bundesrat a few days later. [7] The judicial committee's report proposed only minor revisions. [7] On 5 April 1869, the plenum of the Bundesrat dealt with the bill. During the plenary session, Hesse, Mecklenburg and Hamburg argued that the establishment of the Bundesoberhandelsgericht was beyond the competencies of the North German Confederation and would require an amendment of the federal constitution. [8] Hamburg, together with Lübeck, especially feared that the proposed federal court would result in a loss of influence for its Oberappellationsgericht der vier Freien Städte . But these sceptic voices did not prevail, and the bill passed the Bundesrat with only seven votes against it. [9]

On 5 April 1869, the bill was sent to the Reichstag . [10] In the Reichstag, the bill was debated between 10 April and 13 May 1869. During the parliamentary deliberations Johannes von Miquel notably argued – with a possible German unification in mind – that "from a legal point of view, this Court is provisional, but from a national point of view, it is definitive". [1] The deliberations once more resulted in minor revisions only and the bill was approved by the Reichstag on 13 March 1869. [10] According to the legislative process of the North German Confederation, the bill was then sent back to the Bundesrat again, which finally approved it against the opposition of both Mecklenburgs, Bremen and Hamburg. [11]

William I gave his royal assent to the bill on 12 June 1869 and on 18 June 1869 the Gesetz, betreffend die Errichtung eines obersten Gerichtshofes für Handelssachen was published in the official gazette of the North German Confederation, the Bundesgesetzblatt des Norddeutschen Bundes  [ de ]. [11]

Establishment

A view of the Georgenhalle in an 1879 issue of the Die Gartenlaube Die Gartenlaube (1879) b 660.jpg
A view of the Georgenhalle in an 1879 issue of the Die Gartenlaube

After the law establishing the Bundesoberhandelsgericht was promulgated, an ordinance dated 22 June 1870 decreed its entry into force on 5 August 1870. [12] [13] On that day, the court constituted itself in Leipzig. [13] Contrary to original plans, Otto von Bismarck – then the Chancellor of the North German Confederation – was unable to attend the court's investiture in the Georgenhalle  [ de ], the seat of the court in Leipzig, [14] [15] due to the outbreak of the Franco-Prussian War. [14] During the ceremonies, the court' president, Heinrich Eduard von Pape  [ de ], swore in the court's first judges and remarked on the importance of the establishment of the court for future German national and legal unity. [12]

Life of the court

After the formation of the German Empire in 1871, the Bundesoberhandelsgericht was no longer a court of the North German Confederation but of the recently founded empire. It was accordingly renamed to Reichsoberhandelsgericht on 2 September 1871 by a plenary declaration of its members. [16] [17] The renaming reflected the new responsibilities for the whole of the empire including Bavaria, Württemberg, Baden and Hesse. [18]

In 1871, the court attained minor additions to its subject-matter competence. It was now also responsible for the law of the Flösserei (timber rafting), some copyright law and tort liability concerning the operation of railways. [19] After the defeat of France in the Franco-Prussian War, Alsace–Lorraine became part of the German Empire. This territorial gain started the process of expanding the court's subject-matter jurisdiction beyond the confines of commercial law. [20] Shortly after the war, a law dated 14 June 1871 was passed which established the court as the supreme court for Alsace–Lorraine effective 28 August 1871. [21] The court thereby took the place of the French Court of Cassation in Paris for all cases stemming from this territory. [14] [21] [22] This was of major importance because the court was now competent to hear criminal cases from this territory and was thus in a position to rule on the new German Criminal Code of 1871. [23]

In 1873, the court was asked to adjudicate an interstate dispute between Saxe-Meiningen and Schwarzburg-Rudolstadt, two states of the German Empire. It should function as a court of arbitration for a dispute about the dominion over the village Unterwirbach  [ de ]. After Bismarck's approval, the court agreed to take the case and rendered an arbitral award in 1876. [24]

Between 1873 and 1876, the subject-matter jurisdiction of the court expanded again. The court then, inter alia, gained jurisdiction for the adjudication of trademark and banking law. [25] After the passage of the German patent act, discussions concerning the addition of patent law to the court's jurisdiction started in 1877 and the court was asked to compile regulations to handle this new material. After these were finished, the court attained appellate authority for patent law on 1 May 1878 by the passage of an ordnance from the same day. [26]

Succession of the court

The Gerichtsverfassungsgesetz [de], part of the Reichsjustizgesetze of 1871, in the Reichsgesetzblatt Deutsches Reichsgesetzblatt 1877 004 041.jpg
The Gerichtsverfassungsgesetz  [ de ], part of the Reichsjustizgesetze of 1871, in the Reichsgesetzblatt

Before the Reichsjustizgesetze  [ de ] of 1878 entered into force on 1 October 1879, the Reichsoberhandelsgericht had to conclude its position as a German supreme court on 30 September 1879. [27] On 1 October 1879, the Reichsoberhandelsgericht was succeeded by the Reichsgericht . [28] [16]

Historical assessment

The case law of the Reichsoberhandelsgericht had a lasting influence on the practice and teaching of German promissory notes law and commercial law in general. As a judge of the court, Levin Goldschmidt argued that it was the natural task of the court to preserve unity in the application of the law and to further the development of the unified areas of law. [29] Due to the expansion of its subject-matter jurisdiction, many contemporaries saw the court not as a special court for commercial law but as a general German supreme court, [29] a view that is shared by commentators today. [14] Andreas M. Fleckner  [ de ], a legal scholar, argued that the court proved to be the hoped-for keystone for the unification of German commercial law and that its establishment was an unexpectedly large step for the unification of German civil law in general. [1] Fellow legal scholar Regina Ogorek  [ de ] observed that the court marked the institutional beginning of the end of an epoch of fragmentation in the law. [30]

The establishment of the court commenced an institutional tradition that has continued through the Reichsgericht to today's Bundesgerichtshof . [14] Exemplary for this tradition is the collection of its important cases named Entscheidungen des Reichsoberhandelsgerichts (Judgments of the Imperial High Commercial Court), abbreviated ROHGE or BOHGE, in whose tradition the later Entscheidungen des Reichsgerichts (Judgments of the Imperial Court), abbreviated RGZ/RGSt, and the Entscheidungen des Bundesgerichtshofs (Judgments of the Federal Court of Justice), abbreviated BGHZ/BGHSt, still stand today. [14]

Organisation

Panels

Originally, the Reichsoberhandelsgericht had no panels, the decisions therefore had to be taken in plenary sessions. This was rectified with effect from 1 September 1871 when the court formed two panels. [31] [21] The first panel (Erster Senat) was chaired by the court's president, Heinrich Eduard von Pape  [ de ], while the second panel (Zweiter Senat) was led by its vice president August Drechsler  [ de ]. [31] On 9 July 1874, a third panel (Dritter Senat) was formed and chaired by Karl Hocheder  [ de ], who became a further vice president. [32] The president distributed the cases to the individual panels. [33] To render a decision seven judges had to participate in a case and a majority for the decision had to be found. [34]

Lawyers before the court

Any qualified lawyer or advocate – a unified bar was not created in the German Empire until 1879 – could plead before the Reichsoberhandelsgericht. No singular admission ( Singularzulassung  [ de ]) existed. [35] [36]

Jurisdiction

The Reichsoberhandelsgericht could hear appeals when it had local and subject-matter jurisdiction. When it was competent, it replaced the supreme court of the respective German territory for this case. [37]

Local jurisdiction

In 1870, the local jurisdiction of the court extended throughout the North German Confederation. [38] [1] [39] When the North German Confederation was succeeded by the German Empire in 1871, the local jurisdiction of the court was now the Empire's territory. [1] [40] The last extension of the court's local jurisdiction happened on 14 June 1871, when the Reichsoberhandelsgericht succeeded the French Court of Cassation for all appeals concerning cases originating from Alsace–Lorraine. [41]

Subject-matter jurisdiction

As the name of the court suggests it was originally conceived as a civil court for commercial law matters. Accordingly, its subject-matter jurisdiction only extended to cases concerning commercial law. Section 13 [42] of the court's establishment statue elaborated what specific commercial law questions were covered. [43] Later the court's subject-matter jurisdiction was rapidly expanded by statute. For example, matters concerning copyright law, patent law and trademark law were added to the court's docket. [1] But not only newly developing matters like intellectual property law were added, even some specific matters of general civil law – for example matters concerning strict liability for operators of trains – were added to the court's subject-matter jurisdiction. [44] For Alsace–Lorraine, the court even gained jurisdiction in criminal matters, but private law still remained firmly at the centre of the court's jurisdiction. [45]

Collection of decisions

All of the 12,173 decisions [lower-greek 1] of the Reichsoberhandelsgericht have been preserved in the 82 volumes of the Sammlung Sämmtlicher Erkenntnisse des Reichs-Oberhandelsgerichts (Collection of all findings of the Imperial High Commercial Court), which is now housed at the Federal Court of Justice in Karlsruhe. [46] [47] Of those 12,173 decisions, the court identified 2,764 (

Judges

Heinrich Eduard von Pape, the only president of the Reichsoberhandelsgericht Heinrich Eduard Pape.jpg
Heinrich Eduard von Pape, the only president of the Reichsoberhandelsgericht

During the nine years of its existence, the Reichsoberhandelsgericht had only one president, Heinrich Eduard von Pape. [49] The court had two vice-presidents – August Drechsler and Karl Hocheder (the latter joining it in 1873) – and 29 judges (Reichsoberhandelsgerichtsräte) in total. [50] The formal requirement to become a judge of the court was the eligibility to serve at a high court in one of the German territories or to be a professor of law in Germany, [1] Levin Goldschmidt being the only professor of law serving at the court in its initial composition (though later other professors joined it, e.g. Robert Römer  [ de ]). [1] [21] All judges had life tenure. [1] [51]

Of the 32 judges of the Reichsoberhandelsgericht, 20 transferred to the service of the newly formed Reichsgericht in 1879. [52] The court's president von Pape did not transfer, he became the chairperson of the first commission to draft a German Civil Code, an activity which in 1896 resulted in the momentous promulgation of the Bürgerliches Gesetzbuch (the German Civil Code). [1]

President

No.NameAssumption of officeEnd of officeTransfer to the
Reichsgericht		Ref.
1 Heinrich Eduard von Pape  [ de ]
(1816–1888)		1 July 1870 or 5 August 1870 [lower-greek 2] 30 September 1879No
(became the chairperson of the first commission for a German Civil Code)		 [53] [54]

Vice-presidents

No.NameAssumption of officeEnd of officeTransfer to the
Reichsgericht		Ref.
1 August Drechsler  [ de ]
(1821–1897)		1 July 1870 or 5 August 187030 September 1879Yes
(as a Senatspräsident)		 [53] [55]
2 Karl Hocheder  [ de ]
(1825–1913)		1 March 187430 September 1879Yes
(as a Senatspräsident)		 [53] [56]

Members (Reichsoberhandelsgerichtsräte)

No.NameAssumption of officeEnd of officeTransfer to the
Reichsgericht		Ref.
1 Bernhard Friedrich Gustav Ponath  [ de ]
(1812–1881)		1 July 1870 or 5 August 187030 September 1879 or 9 September 1879No
(retired)		 [53] [57]
2 Wilhelm Albert Kosmann  [ de ]
(1825–1875)		1 July 18701 April 1874No
(retired)		 [53] [58]
3Wilhelm Schmitz
(1811–1875)		1 July 1870 or 5 August 187017 November 1875
(died)		No
(died)		 [53] [59]
4 Friedrich Gallenkamp  [ de ]
(1818–1890)		1 July 1870 or 13 September 187030 September 1879Yes
(as a judge)		 [53] [60]
5 Friedrich Moritz Hoffmann  [ de ]
(1818–1882)		1 July 1870 or 5 August 187030 September 1879Yes
(as a judge)		 [53] [56]
6 Gustav Ludwig August Fleischauer  [ de ]
(1819–1891)		1 July 1870 or 5 August 187030 September 1879Yes
(as a judge)		 [53] [61]
7 Adolph Schliemann  [ de ]
(1817–1872)		1 July 187019 January 1872
(died)		No
(died)		 [53] [62]
8 Jeremias Theodor Boisselier  [ de ]
(1826–1912)		1 July 1870 or 5 August 187030 September 1879Yes
(as a judge)		 [53] [63]
9 Levin Goldschmidt
(1829–1897)		1 July 1870 or 5 August 187031 August 1875No
(became a professor
at the University of Berlin)		 [53] [64]
10 Johann Friedrich Voigt  [ de ]
(1804–1886)		1 July 1870 or 5 August 187030 September 1879No
(retired)		 [53] [65]
11 Karl Julius August von Vangerow  [ de ]
(1809–1898)		1 July 1870 or 5 August 187030 September 1879Yes
(as a judge)		 [53] [65]
12 Karl Friedrich Werner  [ de ]
(1820–1877)		1 July 1870 or 5 August 187031 August 1877
(died)		No
(died)		 [53] [66]
13 Marquard Adolph Barth  [ de ]
(1809–1885)		1 August 187130 September 1879No
(retired)		 [53] [67]
14 Johann Wernz  [ de ]
(1819–1895)		1 August 187130 September 1879Yes
(as a judge)		 [53] [68]
15 Ernst Sigismund Puchelt  [ de ]
(1820–1885)		1 August 187130 September 1879Yes
(as a judge)		 [53] [57]
16 Robert Römer  [ de ]
(1823–1879)		1 August 187130 September 1879No
(retired)		 [53] [69]
17 Friedrich von Hahn  [ de ]
(1823–1897)		1 May 187230 September 1879Yes
(as a judge)		 [70] [71]
18 Wilhelm Mohrmann  [ de ]
(1815–1891)		1 January 187330 September 1879No
(retired)		 [70] [72]
19 Wilhelm Langerhans  [ de ]
(1816–1902)		1 March 1874 or 1 April 187430 September 1879Yes
(as a judge)		 [70] [58]
20 Heinrich Wiener  [ de ]
(1834–1897)		1 April 187430 September 1879Yes
(as a judge)		 [70] [58]
21Hermann Gustav Ludwig Theodor Krüger
(1825–1903)		1 July 187430 September 1879Yes
(as a judge)		 [70] [73]
22 Lothar Schilling  [ de ]
(1832–1879)		1 April 187527 May 1879
(died)		No
(died)		 [70] [74]
23 Wilhelm Buff  [ de ]
(1825–1900)		1 April 187530 September 1879Yes
(as a judge)		 [70] [75]
24 Viktor von Meibom  [ de ]
(1821–1892)		1 September 187530 September 1879Yes
(as a judge)		 [70] [76]
25 Karl Heinrich Dreyer  [ de ]
(1830–1900)		1 March 187630 September 1879Yes
(as a judge)		 [70] [77]
26 Baum Hambrook  [ de ]
(1818–1897)		1 September 187730 September 1879Yes
(as a judge)		 [70] [78]
27 Hermann Wittmaack  [ de ]
(1833–1928)		2 September 187730 September 1879Yes
(as a judge)		 [70] [79]
28 Wilhelm Maßmann  [ de ]
(1837–1916)		3 September 187730 September 1879Yes
(as a judge)		 [70] [80]
29 August Hullmann  [ de ]
(1826–1887)		1 January 187830 September 1879Yes
(as a judge)		 [70] [81]

Related Research Articles

<span class="mw-page-title-main">German Bundesrat</span> Legislative body representing the German states

The German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level. The Bundesrat meets at the former Prussian House of Lords in Berlin. Its second seat is located in the former West German capital of Bonn.

<span class="mw-page-title-main">North German Confederation</span> Federal state in Northern Germany, 1866–1871

The North German Confederation was initially a German military alliance established in August 1866 under the leadership of the Kingdom of Prussia, which was transformed in the subsequent year into a confederated state that existed from July 1867 to December 1870. A milestone of the German Unification, it was the earliest continual legal predecessor of the modern German nation-state known today as the Federal Republic of Germany.

<span class="mw-page-title-main">Federal Administrative Court (Germany)</span> One of the five federal supreme courts of Germany

The Federal Administrative Court is one of the five federal supreme courts of Germany. It is the court of the last resort for generally all cases of administrative law, mainly disputes between citizens and the state. It hears appeals from the Oberverwaltungsgerichte, or Superior Administrative Courts, which, in turn, are the courts of appeals for decisions of the Verwaltungsgerichte.

<span class="mw-page-title-main">Federal Court of Justice</span> Highest court in the system of ordinary jurisdiction in Germany

The Federal Court of Justice is the highest court of civil and criminal jurisdiction in Germany. Its primary responsibility is the final appellate review of decisions by lower courts for errors of law. While, legally, a decision by the Federal Court of Justice is only binding with respect to the individual case in which it enters, de facto the court's interpretation of the law is followed by lower courts with almost no exception. Decisions handed down by the Federal Court of Justice can only be vacated by the Federal Constitutional Court for violating a provision of the German constitution, the Basic Law.

The Joint Senate of the Federal Supreme Courts of Justice is often regarded as one of the supreme courts of justice in Germany, but it is rather, as its name suggests, an ad hoc judicial body that is convened only in specific cases. The Joint Senate consists of the Presidents of the five Federal Supreme Courts and two members of each of the Senates involved. The Joint Senate decides on questions regarding the interpretation of law that are relevant for all five branches of law overseen by the five Federal Supreme Courts.

As in most countries, Germany has a standard way of citing its legal codes and case law; an essentially identical system of citation is also used in Austria.

The German nobility and royalty were status groups of the medieval society in Central Europe, which enjoyed certain privileges relative to other people under the laws and customs in the German-speaking area, until the beginning of the 20th century. Historically, German entities that recognized or conferred nobility included the Holy Roman Empire (962–1806), the German Confederation (1814–1866) and the German Empire (1871–1918). Chancellor Otto von Bismarck in the German Empire had a policy of expanding his political base by ennobling nouveau riche industrialists and businessmen who had no noble ancestors. The nobility flourished during the dramatic industrialization and urbanization of Germany after 1850. Landowners modernized their estates, and oriented their business to an international market. Many younger sons were positioned in the rapidly growing national and regional civil service bureaucracies, as well as in the officer corps of the military. They acquired not only the technical skills but the necessary education in high prestige German universities that facilitated their success. Many became political leaders of new reform organizations such as agrarian leagues, and pressure groups. The Roman Catholic nobility played a major role in forming the new Centre Party in resistance to Bismarck's anti-Catholic Kulturkampf, while Protestant nobles were similarly active in the Conservative Party.

<i>Reichsgericht</i> Highest court in Germany from 1879 to 1945

The Reichsgericht was the supreme criminal and civil court in the German Reich from 1879 to 1945. It was based in Leipzig, Germany. The Supreme Court was established when the Reichsjustizgesetze came into effect and it built a widely regarded body of jurisprudence during the period of the German Empire and Weimar Republic.

<span class="mw-page-title-main">Grand Duchy of Hesse</span> German state (1806–1918)

The Grand Duchy of Hesse and by Rhine was a grand duchy in western Germany that existed from 1806 to 1918. The grand duchy originally formed from the Landgraviate of Hesse-Darmstadt in 1806 as the Grand Duchy of Hesse. It assumed the name Hesse und bei Rhein in 1816 to distinguish itself from the Electorate of Hesse, which had formed from neighbouring Hesse-Kassel. Colloquially, the grand duchy continued to be known by its former name of Hesse-Darmstadt.

<span class="mw-page-title-main">Principality of Lippe</span> German principality (1123–1918)

Lippe was a state in Germany, ruled by the House of Lippe. It was located between the Weser river and the southeast part of the Teutoburg Forest. It originated as a state during the Holy Roman Empire, and was promoted to the status of principality in 1789. During this period the ruling house split into a number of branches, with the main line residing at Detmold. During the Reformation, Lippe had converted to Lutheranism in 1538 and then to Calvinism in 1604.

<span class="mw-page-title-main">Judiciary of Austria</span> Overview of court system in Austria

The judiciary of Austria is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review.

<span class="mw-page-title-main">Reichstag (German Empire)</span> Former legislative body (1871–1918)

The Reichstag of the German Empire was Germany's lower House of Parliament from 1871 to 1918. Within the governmental structure of the Reich, it represented the national and democratic element alongside the federalism of the Bundesrat and the monarchic and bureaucratic element of the executive, embodied in the Reich chancellor. Together with the Bundesrat, the Reichstag had legislative power and shared in decision-making on the Reich budget. It also had certain rights of control over the executive branch and could engage the public through its debates. The emperor had little political power, and over time the position of the Reichstag strengthened with respect to the Bundesrat.

<span class="mw-page-title-main">Federal Constitutional Court</span> Supreme constitutional court for the Federal Republic of Germany

The Federal Constitutional Court is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice.

<span class="mw-page-title-main">Reichstag (North German Confederation)</span> Parliament of the North German Confederation

The Reichstag of the North German Confederation was the federal state's lower house of parliament. The popularly elected Reichstag was responsible for federal legislation together with the Bundesrat, the upper house whose members were appointed by the governments of the individual states to represent their interests. Executive power lay with the Bundesrat and the king of Prussia acting as Bundespräsidium, or head of state. The Reichstag debated and approved or rejected taxes and expenditures and could propose laws in its own right. To become effective, all laws required the approval of both the Bundesrat and the Reichstag. Voting rights in Reichstag elections were advanced for the time, granting universal, equal, and secret suffrage to men above the age of 25.

<span class="mw-page-title-main">Supreme Court of Justice (Austria)</span> Supreme civil and criminal court of Austria

The Supreme Court of Justice is the final court of appeal of Austria in civil and criminal matters. Along with the Supreme Administrative Court and the Constitutional Court, it is one of Austria's three apex courts.

<span class="mw-page-title-main">Allgemeines Deutsches Handelsgesetzbuch</span>

The Allgemeines Deutsches Handelsgesetzbuch was the first comprehensive commercial code in Germany. The term "Allgemein" (General) emphasized the whole German Confederation as the scope of application.

<span class="mw-page-title-main">Georg Arnold Heise</span> German legal scholar and president of the High Court of Appeal Court for the Four Free Cities

Georg Arnold Heise was an influential German legal scholar. He served as president of the Oberappellationsgericht der vier Freien Städte for more than three decades and is identified in certain academic circles as a leading representative of the 19th century German Historical School of Jurisprudence.

<i>Oberappellationsgericht der vier Freien Städte</i> Former German appeals court with jurisdiction for Bremen, Frankfurt, Hamburg and Lübeck (1820–1879)

The Oberappellationsgericht der vier Freien Städte, since 1867 the Oberappellationsgericht der Freien Hansestädte, seated in Lübeck was an appeals court of the German Confederation and the North German Confederation with territorial jurisdiction for Bremen, Frankfurt, Hamburg and Lübeck. Frankfurt was removed from the court's jurisdiction in 1867 after its annexation by Prussia. In 1870 the court lost its subject-matter jurisdiction for commercial law to the Reichsoberhandelsgericht and was altogether abolished in 1879.

The Preußisches Obertribunal, abbreviated PrObTr, was between 1703 and 1879 either the sole or one of the supreme courts of the Kingdom of Prussia. The court played a significant role in shaping Prussia's legal system and had major influence on the administration of justice in the kingdom.

References

Notes

  1. ↑ Reynolds 1997, p. 162 lists 11,236 cases.
  2. ↑ If the dates concerning the assumption or end of office conflict between sources, the first date is the one given by Lobe 1929 and the second date the one provided by Reynolds 1997.

Citations

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Fleckner 2012.
  2. ↑ Müßig 2012, pp. 269–270.
  3. ↑ Müßig 2012, p. 272.
  4. ↑ Müßig 2012, p. 274.
  5. 1 2 Reynolds 1997, p. 133.
  6. 1 2 3 Reynolds 1997, p. 134.
  7. 1 2 Reynolds 1997, p. 138.
  8. ↑ Reynolds 1997, p. 139.
  9. ↑ Reynolds 1997, p. 141.
  10. 1 2 Reynolds 1997, p. 143.
  11. 1 2 Reynolds 1997, p. 144.
  12. 1 2 Reynolds 1997, p. 148.
  13. 1 2 Müßig 2012, p. 275.
  14. 1 2 3 4 5 6 Fischer 2015, p. 94.
  15. ↑ Grieß 2015, p. 115.
  16. 1 2 Müßig 2012, p. 276.
  17. ↑ Reynolds 1997, pp. 148–149.
  18. ↑ Reynolds 1997, p. 149.
  19. ↑ Reynolds 1997, p. 150.
  20. ↑ Reynolds 1997, p. 151.
  21. 1 2 3 4 Fischer 2010, p. 1081.
  22. ↑ Reynolds 1997, pp. 150–151.
  23. ↑ Reynolds 1997, p. 153.
  24. ↑ Reynolds 1997, pp. 154–155.
  25. ↑ Reynolds 1997, p. 155.
  26. ↑ Reynolds 1997, pp. 156–157.
  27. ↑ Reynolds 1997, pp. 155–164.
  28. ↑ Fischer 2010, p. 1083.
  29. 1 2 Müßig 2012, p. 284.
  30. ↑ Müßig 2012, p. 290.
  31. 1 2 Winkler 2001, p. 45.
  32. ↑ Winkler 2001, p. 47.
  33. ↑ Fischer 2015, p. 95.
  34. ↑ Winkler 2001, pp. 50–51.
  35. ↑ Winkler 2001, pp. 40–44.
  36. ↑ § 10 des Gesetzes, betreffend die Errichtung eines obersten Gerichtshofes für Handelssachen, vom 12. Juni 1869.
  37. ↑ Winkler 2001, pp. 52–53.
  38. ↑ Winkler 2001, p. 53.
  39. ↑ § 1 des Gesetzes, betreffend die Errichtung eines obersten Gerichtshofes für Handelssachen, vom 12. Juni 1869.
  40. ↑ § 2 der Verfassung des Deutschen Reichs (1871).
  41. ↑ Winkler 2001, p. 55.
  42. ↑ § 13 des Gesetzes, betreffend die Errichtung eines obersten Gerichtshofes für Handelssachen, vom 12. Juni 1869.
  43. ↑ Winkler 2001, pp. 56–61.
  44. ↑ Winkler 2001, p. 65.
  45. ↑ Winkler 2001, pp. 133–134.
  46. ↑ Fischer 2010, p. 1082.
  47. 1 2 Winkler 2001, p. 99.
  48. ↑ Stegemann 1873, p. 399.
  49. ↑ Winkler 2001, pp. 34–35.
  50. ↑ Reynolds 1997, p. 161.
  51. ↑ § 23 des Gesetzes, betreffend die Errichtung eines obersten Gerichtshofes für Handelssachen, vom 12. Juni 1869.
  52. ↑ Lobe 1929, pp. 337–338.
  53. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Lobe 1929, p. 337.
  54. ↑ Reynolds 1997, pp. 410–411.
  55. ↑ Reynolds 1997, pp. 396–397.
  56. 1 2 Reynolds 1997, p. 405.
  57. 1 2 Reynolds 1997, p. 413.
  58. 1 2 3 Reynolds 1997, p. 407.
  59. ↑ Reynolds 1997, p. 417.
  60. ↑ Reynolds 1997, p. 400.
  61. ↑ Reynolds 1997, pp. 398–399.
  62. ↑ Reynolds 1997, pp. 158, 416–417.
  63. ↑ Reynolds 1997, p. 393.
  64. ↑ Reynolds 1997, p. 401.
  65. 1 2 Reynolds 1997, p. 422.
  66. ↑ Reynolds 1997, pp. 423–424.
  67. ↑ Reynolds 1997, p. 392.
  68. ↑ Reynolds 1997, p. 424.
  69. ↑ Reynolds 1997, p. 414.
  70. 1 2 3 4 5 6 7 8 9 10 11 12 13 Lobe 1929, p. 338.
  71. ↑ Reynolds 1997, p. 402.
  72. ↑ Reynolds 1997, p. 410.
  73. ↑ Reynolds 1997, pp. 424–425.
  74. ↑ Reynolds 1997, p. 416.
  75. ↑ Reynolds 1997, p. 394.
  76. ↑ Reynolds 1997, p. 409.
  77. ↑ Reynolds 1997, pp. 397–398.
  78. ↑ Reynolds 1997, pp. 160–161.
  79. ↑ Reynolds 1997, p. 425.
  80. ↑ Reynolds 1997, p. 408.
  81. ↑ Reynolds 1997, p. 406.

Sources

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.