Carl Einert

Carl Einert (born December 31, 1777 in Leipzig , † February 25, 1855 in Dresden ) was a German jurist and lawyer . Einert was from 1821 to 1830 private lecturer in law at the University of Leipzig , from 1828 chairman of the commercial court in Leipzig and from 1842 onwards he headed the civil senate as vice-president of the higher appeal court in Dresden.

Life

family

His father Christian Gottlob Einert (1747–1823) was elected mayor of the city of Leipzig several times and was an assessor of the lay judge's chair as well as the city syndic . He married Karoline Friederike Kober (1759–1794), Carl's mother. She was the daughter of the city ​​treasurer and electoral raft master in Freiberg Karl Friedrich Kober († 1786). Carl's younger brother August Einert (1786–1831) became a lawyer at the Oberhofgericht and consistory in Leipzig.

Professional background

Einert studied law at the Leipzig University from 1794 and became a baccalaureus in 1799 . He received his doctorate in 1807 at the Leipzig Faculty of Law with the dissertation De Variis Modis Quibus Concursus Creditorum Finiuntur as a doctor of both rights . His work, which he dedicated to the legal scholar Johannes August Adolph Winter, was published that same year.

From 1802 to 1817 he practiced as a lawyer in Leipzig and dealt early with the exchange law, which is important in Leipzig's commercial life . In older legal literature, but also in numerous laws, the change was a document between people who concluded a change contract. Einert no longer supported this interpretation. For him, the change in commercial practice had become a means of payment similar to paper money, based on the issuer's credit. This view soon became widely accepted. Einert had been a member of the Leipzig Faculty of Law since 1816 and held lectures on the law of exchange at Leipzig University as a private lecturer from 1821 to 1830. In 1824 he was senior court judge and in 1828 chairman of the city commercial court and in 1831 councilor in the city council of Leipzig.

In 1831 he was appointed to the State Judicial College in Dresden. Four years later, Einert was appointed the secret judicial councilor for civil legislation in the Saxon Ministry of Justice . In 1839 his work The law of bills of exchange after the need for bills of exchange in the nineteenth century was published , which received great attention in legal circles. He was the author of a new change order, a draft change order for the Kingdom of Saxony , which, with the great support of the Saxon Minister of Justice Julius Traugott von Könneritz , was published in 1841 and discussed in the Saxon state parliament in 1845 . As early as 1843 he took over the direction of the civil senate as Vice-President of the Higher Appeal Court in Dresden and in 1847 he was representative of the Kingdom of Saxony at a conference of the member states of the German Confederation in Leipzig. Einert played a major role in a draft bill of exchange, which was declared a Reich law by the Frankfurt National Assembly in 1848 and which was later even introduced as coherent state law in the German states.

Carl Einert died on February 25, 1855, at the age of 77, in Dresden. From 1809 to 1831 he was a member of the Leipzig Harmony Society .

Marriage and offspring

Einert married Henriette Wilhelmine (1791-1860) in Püchau bei Wurzen in 1813 , the daughter of the Privy Councilor and Chief Post Office Director August Gottlieb Dörrien (1746-1813). The couple had five children, two sons and three daughters. The two sons Paul Einert (1815–1890) and Bernhard Einert (1819–1883) became lawyers and court directors in Dresden like their father.

Publications (selection)

• De Variis Modis Quibus Concursus Creditorum Finiuntur. ( Dissertation ), Leipzig 1807.
• Tractatus De Actione Ad Exhibendum Ex Praeceptis Iuris Civilis Romani. (dedicated to Johann Conrad Sickel ), Leipzig 1816.
• Meditationes ad jus cambiate. 7 parts, Leipzig 1824 to 1830.
• The law of exchange according to the needs of the exchange business in the nineteenth century. Leipzig 1839.
• Discussion of individual matters of civil law. Dresden 1840.
• Draft change regulations for the Kingdom of Saxony. Dresden / Leipzig 1841.
• About the nature and form of the literal contract like this one at the time of Justinianian legislation and comparison of it with the change. Leipzig 1852.
• Dr. Carl Einert is represented by name in his relations to the most recent development of German bill of exchange law. Leipzig 1855.

literature

• Carl Einert (1777–1855): The bill of exchange is the merchant's paper money. In: Judith Freund: The change obligation in the 19th century. Peter Lang, Frankfurt 2008, ISBN 978-3-631-57831-5 . Page 63–81.
• EINERT, Carl (1777–1855). In: Inglis Palgrave: Dictionary of Political Economy. Macmillian & Co, London 1915, Volume 1, Page 690. (Eng.)
• Gerhard Schmidt:  Einert, Carl. In: New German Biography (NDB). Volume 4, Duncker & Humblot, Berlin 1959, ISBN 3-428-00185-0 , p. 396 ( digitized version ).
• Emil Julius Hugo Steffenhagen :  Einert, Carl . In: Allgemeine Deutsche Biographie (ADB). Volume 5, Duncker & Humblot, Leipzig 1877, p. 759.

Web links

• Works by and about Carl Einert  in the German Digital Library
• Entry on Carl Einert in Kalliope
• Literature by and about Carl Einert in the Saxon Bibliography
• Entry about Einert, Carl in www.leipziger-biographie.de
• Entry about Einert, Carl (1777−1855) in the CERL Thesaurus