Alexander Grigoryevich Goichbarg

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Alexander Grigorjewitsch Goichbarg ( Russian Александр Григорьевич Гойхбарг ; * 1883 ; † 1962 in Moscow ) was professor of civil law at the First State University in Moscow, member of the College of the People's Commissariat for Justice of the RSFSR.

Together with Yevgeny Bronislawowitsch Paschukanis , Pēteris Stučka and Michail Andrejewitsch Reissner, he is considered to be the most important legal theorists of the early Soviet Union.

Together with Stučka, he received Léon Duguit in Russia. He translated it into Russian in 1919 and emphasized on the one hand his civic affiliation and on the other hand the fruitfulness of a teaching for Soviet law. As the most important editor of the Civil Code, Goichbarg introduced these ideas into positive Soviet law. In his commentary on the Civil Code, he applies the Duguitian, collectivistically understood teachings in general to the theory of interpretation. This relativizes all subjective private rights and limits the scope of the civil code. In particular, the case law on Art. 1 ZGB, which does not protect subjective rights in general, but only in accordance with their “function sociale”, was influenced by Goichbarg until 1927.

This position is particularly criticized by Stučka in his work The Revolutionary Role of Law and the State.

In 1931 Goichbarg was officially condemned as "un-Marxist" and in 1938 condemned by Wyschinski as a "bourgeois ideologue".

A right-wing nihilistic attitude is ascribed to him, which appears to be in contradiction to his legislative activities. For him, as for earlier Marxists, law was “the opium of the people”, whereby he did not draw any dividing line between civil and Soviet law.

Works

  • Osnovy castnogo imuscestvennogo prava (Basics of Private Property Law), Moscow 1924 (Excerpts translated into German in: Norbert Reich (Hrsg.), Marxist and socialist legal theory (1972), pp. 87 ff.)
  • Kodeks RSFSR (Civil Code, Commentary), Moscow 1924

Individual evidence

  1. ↑ Explanations in: Eugen Paschukanis, Allgemeine Rechtskehre und Marxismus, pp. 182, 184
  2. ^ Karl Korsch, literature review - reviews of "E. Paschukanis, General Legal Doctrine and Marxism ”and“ Karl Renner, The Legal Institutes of Private Law and Their Social Function ”. in the other. The materialist view of history and other writings (1971), p. 157ff.
  3. ^ Norbert Reich, introduction to: Petr I. Stucka, The revolutionary role of law and state (Frankfurt am Main 1969) p. 7 ff. 47
  4. ↑ Petr I. Stučka, The revolutionary role of law and state (Frankfurt am Main 1969) p. 156 ff.
  5. ^ Norbert Reich, introduction to: Petr I. Stučka, The revolutionary role of law and state (Frankfurt am Main 1969) p. 7 ff. 47
  6. ^ Norbert Reich, Marxist and socialist legal theory - subject and object of science, in: ders. (Ed.), Marxist and socialist legal theory (1972), pp. 7 ff., 9
personal data
SURNAME Goichbarg, Alexander Grigoryevich
ALTERNATIVE NAMES Гойхбарг, Александр Григорьевич (Russian)
BRIEF DESCRIPTION Russian university professor, professor of civil law
DATE OF BIRTH 1883
DATE OF DEATH 1962
Place of death Moscow