Claus Seibert

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Claus Seibert (born June 4, 1902 in Saarbrücken , † February 13, 1977 in Karlsruhe ) was a German lawyer and judge at the Federal Court of Justice from 1953 to 1970 .

Seibert's father Gustav Seibert was also a judge, most recently President of the Senate at the Hamm Higher Regional Court . His mother was the well-known writer Liesbet Dill , who was well-known in the period up to the Second World War , and in her novels she dealt very much with the fate of women in the German Empire and the Weimar Republic .

After graduating from high school in Hammonense in 1920 , Seibert studied law in Tübingen , where he was a Corps student ( Corps Franconia Tübingen ) and received his doctorate in Roman law in 1924 at the University of Münster . In 1939 he was appointed to the Chamber Court in Berlin, but shortly afterwards he was called up for military service. During the war he was employed as an interpreter (Italian, French) and war correspondent (North Africa). In 1943, he reported from Tunisia in particular for German newspapers in rather romantic, transfigured and amusing side lights ( vacation in an oasis, advance in the rain, Jeija ) without any Nazi propaganda from everyday soldiers' life. Most recently, however, there were also worrying reports of the defensive battle against the "Tommys" ( Deadly Spring ). Seibert became a British prisoner of war , where he gave legal lectures that were later credited to those released at the university. After the Second World War, Seibert was a judge at the Hamm Higher Regional Court from 1947 to 1953 and finally a judge at the Federal Court of Justice from 1953 until he retired in 1970. There he was a member of the 6th Criminal Senate.

Seibert was a co-founder of Palandt , where he commented on the provisions of contract, family and inheritance law. But after the war he did not continue this work (see: Thoughts on Palandt, MDR 67, 901). He also worked on the Reichsgerichtsrätekommentar , where he edited the provisions of §§ 701–704 BGB (bringing things to innkeepers) and §§ 762–764 BGB (imperfect liabilities). He was accused of the following comment on an early edition of Palandt:

“Everyone is capable of being an heir, including foreigners, foreigners, the hereditary or mentally ill, as well as the criminal. Inequity in bypassing the national comrade and members of the clan can - apart from the compulsory portion - only be compensated by increased inheritance tax [..], if there is no nullity due to a moral offense - for example, when a Jew from a foreign clan is appointed. For the future, an expansion of the unworthiness cases would be desirable. "

- SEIBERT in: Palandt, 6th edition, marginal no. 1 to § 1923 BGB

Seibert's strength was not the textbook, but the small literary form. With his fiction glosses and reminiscences, his witty observations full of quotations, aperçus and allusions (often also published under the abbreviation CS), the legal journals of the post-war period were full until his death. Seibert was well known in the generation of post-war lawyers and conducted extensive correspondence with the legal and literary personalities of his time. His reflections on causes célèbres are numerous ( Der Fall Hau , MDR 66, 732; Der Fall Redl , MDR 64, 731; Clues - The Button and Badge Murder , DRiZ 65, 130; Der Fall Oscar Wilde , MDR 68, 638; William Joyce ("Lord Haw-Haw") , MDR 70, 114). In many cases, however, there were also unknown cases of human interest that he described ( An expensive dinner ( House of Lords ) , MDR 75, 949; The student and the girl , MDR 70, 388). His concise moods in foreign courts were also popular ( power and personality in the US Supreme Court , JZ 59, 469; A judgment of the Paris Court of Cassation on the claims of the beloved , NJW 70, 985; case law in Grenoble , DRiZ 73, 328).

Individual evidence

  1. ↑ Quoted from Jens Kahrmann , "Worst of Palandt", JURA Magazin 10/2008 ( Memento from October 28, 2008 in the Internet Archive )

literature

Web links

personal data
SURNAME Seibert, Claus
BRIEF DESCRIPTION German lawyer and judge at the Federal Court of Justice
DATE OF BIRTH June 4, 1902
PLACE OF BIRTH Saarbrücken
DATE OF DEATH February 13, 1977
Place of death Karlsruhe