Bernhard Danckelmann (lawyer)

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Bernhard Danckelmann (born April 1, 1895 in Posen ; † August 16, 1981 in Kelkheim (Taunus) ) was a German lawyer.

biography

After studying law at the Universities of Freiburg , Geneva , and Kiel and doing his doctorate in international law at the University of Heidelberg , he passed the Second State Examination in 1922 and entered the Prussian judicial service. He worked as a judge at the Wiesbaden district court and from 1930 at the Berlin regional court and from 1932 at the higher court .

On May 1, 1933, Danckelmann joined the NSDAP . In 1937 he became a judge at the Prussian Higher Administrative Court and, after being seconded to the Reich Ministry of the Interior, in 1941 a judge at the Reich Administrative Court .

In 1945 Danckelmann was arrested in Garmisch-Partenkirchen and interned until December 1946. After that he was legal advisor to Frankfurter Aufbau AG and established himself as a lawyer in Frankfurt am Main in 1949 .

Legal commentator

From the 1st to the 36th edition, Danckelmann published the Palandt , a commentary on the BGB . He worked on the general part of the BGB and the law of obligations (general part). His statements on legal liability are considered to pave the way for the later case law of the Federal Court of Justice .

In the early editions of the commentary, he tried to justify a National Socialist interpretation of the law by interpreting, for example, the concept of legal capacity or good morals (§ 138 BGB).

"For interpretation, the basic view of National Socialism based on the völkisch life and moral laws, above all the program of the NSDAP, in particular item 10 S 2, according to which the activity of the individual must not violate the interests of the general public, item 11, which breaks." the interest bondage demands, point 18, the ruthless fight announces those who damage the common interest through their activity, especially the usurers and smugglers, and the sentence "common good comes before self-interest" from point 24. [..] The concept of good morals becomes determined by the popular sentiment that has prevailed since the upheaval, the National Socialist worldview. ""

- Danckelmann in: Palandt, 6th ed., Marginal no. 1 to § 138 BGB

In his capacity as judge at the Reich Administrative Court, where a Reich War Damage Office was to be formed, he also commented on the War Damage Ordinance .

literature

  • Helmut Heinrichs: Bernhard Danckelmann . In: A portrait of lawyers. Festschrift for the 225th anniversary of the CH Beck publishing house . Beck, Munich 1988, pp. 229-236.
  • Johannes Hürter (Red.): Biographical Handbook of the German Foreign Service 1871–1945. 5. T - Z, supplements. Published by the Foreign Office, Historical Service. Volume 5: Bernd Isphording, Gerhard Keiper, Martin Kröger: Schöningh, Paderborn et al. 2014, ISBN 978-3-506-71844-0 , p. 424 f.

Web links

Individual evidence

  1. ↑ Biographical information according to Gerhard Köbler in koebler.de [1] Homepage of the law firm Danckelmann und Kerst
  2. ↑ Quoted from Jens Kahrmann , "Worst of Palandt", JURA Magazin 10/2008 ( Memento from October 28, 2008 in the Internet Archive )
  3. ^ Bernhard Danckelmann, Jürgen Kühne: War Damage Law. Commentary on the War Damage Ordinance of all laws, ordinances and decrees and other provisions from all areas of war property damage law. Munich and Berlin, CH Beck publishing house, 1944
personal data
SURNAME Danckelmann, Bernhard
BRIEF DESCRIPTION German lawyer
DATE OF BIRTH April 1, 1895
PLACE OF BIRTH Poses
DATE OF DEATH August 16, 1981
Place of death Kelkheim (Taunus)