Franz Xaver Haimerl

Franz Xaver Haimerl (born February 15, 1806 in Gröna ; † October 12, 1867 in Vienna ) was an Austrian lawyer and university professor .

Life

Franz Xaver Haimerl's parents ran a small farm in a village near Marienbad .

He attended the village school in Otten Rieth in Waldthurn , graduated from the school in Eger his High School and studied at the since 1824 Vienna University of Law and Philosophy . In order to earn a living during his studies, he gave private lessons and was a clerk. During his studies, he attended lectures by Thomas Dolliner , Franz von Egger , Josef von Kudler , Johann Springer (1789–1869), Vincenz August Wagner , and Joseph von Winiwarter . 1833 doctorate he became Dr. jur.

After the death of Vincenz August Wagner, he held lectures on feudal , commercial and bill of exchange law in the legal faculty as an associate professor from 1833 and was appointed to the commission that drafted a bill of exchange regulations.

In 1836 he was appointed to the full professorship for commercial and bill of exchange law and civil court proceedings in and out of litigation, as well as feudal law at the University of Prague . In 1846 he joined the Prague Commercial and Exchange Court as an assessor in order to learn about the practical application of the new exchange regulations.

In 1848, Count Franz Seraph von Stadion , who was Gubernial President at the time , appointed him to a commission that dealt with the issues of the time, later the commission merged with the Czech St. Wenceslas Committee, the so-called Národní výbor ( National Committee) The main task of the Národní výbor was to draw up a constitution for the Bohemian countries.

Without having applied, he was elected to two districts and took part in 1848 as a deputy for the German district of Elbogen in the Austrian Reichstag in Vienna and later in Kremsier , where the Reichstag had been relocated in the course of the Vienna October Revolution ; there he was also the head of the school committee and campaigned for the improvement and promotion of the teaching system.

In May 1849, the minister Alexander von Bach asked him for an opinion on the intended dissolution of the fiefdom bond, but the reform was not implemented at that time and the allodialization of the fiefs was carried out later.

In 1852 he was appointed to the position of Josef Leeb as a full professor for civil court proceedings and fiefdom law at the University of Vienna, became a member of the judicial (judicial), in 1856 president of the legal history state examination commission and in 1855 and 1861 dean of the law and political science professors' college ; from 1863 to 1864 he was rector of the University of Vienna.

In 1860 he was represented on the committee that was preparing a draft of the code of civil procedure.

Writing

While still a student, Franz Xaver Haimerl began to work on the editing of the magazine for Austrian legal scholarship published by Vincenz August Wagner ; his contributions to the journal up to 1849 are listed in the Bibliotheca iuridica Austriaca by Moritz von Stubenrauch .

He also participated as an employee of the Deutsche Zeitung für Böhmen and several legal journals, namely the magazine for law and political science that he founded and published and its continuation, the Oesterreichische Vierteljahrsschrift für Rechts- und Staatswissenschaft . He also published his contributions in Summarium juridicum , Critical Yearbook for German Legal Scholarship and Archive for Civilistic Practice .

In the period from 1832 to 1857 he published his own works, which mainly dealt with Austrian civil procedural law and fiefdom, commercial and bill of exchange law.

In the opinion of the later minister without portfolio, Joseph Unger , Franz Josef Haimerl restored the connection between Austrian particular law and general German law with his writings .

Memberships

In 1848 Franz Xaver Haimerl founded a juridical-political reading club in Prague and became its first president. The purpose of the association was to get acquainted with the advances in the field of law and political life through a large selection of political papers and through the display of national and international magazines and works dealing with law and political science do.

Fonts (selection)

• Contribution to the explanation of § 338 of the Austrian general court code on executive relicitation . 1832.
• The doctrine of the civil courts in the German and Italian countries of the Austrian imperial state according to Prof. Dr. Vincenz August Wagner's systems and processed with the use of his materials . Vienna 1834.
• Füger's noble judicial office, or the judicial procedure other than disputes in the German provinces of the Austrian monarchy . Vienna 1837.
• Lectures about the concursion of creditors, according to the laws in force in the Austrian states . Vienna 1840.
• Sources of the bohemian feudal law. For use in public lectures . Prague: Gerzabek, 1847.
• The?? German Lehenhauptmannschaft (Lehenschranne) in Bohemia . Prague 1848.
• Attempt to give a brief, orderly presentation of the new rules of competence (jurisdiction norms) for civil court proceedings in Austria . Vienna: Manz, 1854.
• The constitution of the civil courts in Austria . Vienna 1856.
• Magazine for law and political science with special regard to the Austrian Empire . Volumes 1-16. Vienna 1861.

Literature (selection)

• Anton Victor Felgel:  Haimerl, Franz Xaver . In: Allgemeine Deutsche Biographie (ADB). Volume 10, Duncker & Humblot, Leipzig 1879, p. 387 f.
• Haimerl, Franz Xaver. In: Austrian Biographical Lexicon 1815–1950 (ÖBL). Volume 2, Publishing House of the Austrian Academy of Sciences, Vienna 1959, p. 150 f. (Direct links on p. 150 , p. 151 ).

Web links

• Franz Xaver Haimerl in the Vienna History Wiki of the City of Vienna

Individual evidence

1. ↑ Johann Springer. University of Vienna, accessed on July 30, 2019 . 
2. ↑ Bohemia . No. 214 . Haase, November 5, 1848 ( google.de [accessed July 30, 2019]).