Clive M. Schmitthoff

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Clive M. Schmitthoff (born March 24, 1903 in Berlin as Maximilian Schmulewitz ; † September 30, 1990 in London ) was a British law scholar and university professor of German origin.

Live and act

Schmitthoff was born in Berlin in 1903 as the son of the Jewish lawyer Hermann Schmulewitz and his wife Anna. To hide the Jewish origin, the family later changed the name to Schmitthoff . Schmitthoff attended the Friedrichsgymnasium in Berlin , where he passed his Abitur in 1921. He then studied law at the University of Freiburg . He later moved to the Humboldt University in Berlin , where he passed his first state examination and in 1927, under the supervision of Martin Wolff, with the corporation law publication “Die Verwaltungsaktie: Herrschafts- und Vorratsaktie; their legal and economic basis " for Dr. iur. utr. received his doctorate. Schmitthoff's later inclination towards international comparative private law was established through Wolff.

After completing his legal training, Schmitthoff settled down as a lawyer at the Supreme Court in 1929 and was also active in academic research. After the seizure of power by the Nazis, but he had to give up his practice in 1933 and moved to England. There he underwent full legal training under English law and was admitted to the barrister at Gray's Inn in 1936 . During the Second World War he fought on the British side and temporarily changed his name to Clive MacMillan , in order to conceal his German origins in the event of capture. From this the name Clive M. Schmitthoff, which was later used, developed after the war . After the end of the war, he took a professorship at the City of London Polytechnic , which he held until his retirement. There he offered summer courses that were very popular among students in Great Britain. He also held a professorship at the University of Kent . He was also a professor at Gresham College from 1976 to 1986 . Schmitthoff was an honorary doctor from the Philipps University of Marburg , the University of Bern , the Heriot-Watt University , the University of Canterbury and the University of Bielefeld, as well as an honorary professor at the Ruhr University Bochum .

Schmitthoff mainly devoted himself to comparing private international law. There, in turn, a focus was on international commercial law. He was a member of numerous commissions devoted to the approximation of European commercial law. One of his reports on international sales law from 1966 led to the establishment of the commission, from which the UN sales law followed in 1980 . In addition, Schmitthoff penned various books in English on international trade law, which were published in repeated editions and which were regarded as standard works well beyond the borders of Great Britain. Among them is Palmer's Company Law , which he provided with extensive contributions and was chief editor since 1959.

Fonts (selection)

  • The management share: power and reserve share; their legal and economic basis . Julius Springer, Berlin 1927 (dissertation).
  • with Julius Flechtheim and Martin Wolff: The statutes of German stock corporations . J. Bensheimer, Mannheim 1929.
  • A complete course of commercial German including commercial correspondence, commercial geography, commercial law, reading passages, and double vocabularies . Pitman, London 1937 (English).
  • A textbook of the English conflict of laws . Pitman, London 1945 (English).
  • Sources of the Law of International Trade . London 1964 (English).
  • The new law of world trade . In: Rabel's Journal of Comparative and International Private Law / The Rabel Journal of Comparative and International Private Law . tape 28 , no. 1 , 1964, ISSN  0033-7250 , pp. 47-67 , JSTOR : 27874500 .
  • Sale of goods . 2nd Edition. Stevens, London 1966, ISBN 978-0-420-39710-2 (English).
  • The export trade: A manual of law and practice . 9th edition. Stevens, London 1990 (English).

literature

  • Fritz Fabricius (ed.): Law and international trade (law and international trade): Festschrift for Clive M. Schmitthoff on his 70th birthday . Athenäum-Verlag, Frankfurt am Main 1973.
  • Hans G. Readers: Obituary: Clive M. Schmitthoff † , JZ 1990, p. 1121.
  • Hendrike Wulfert-Markert: Clive M. Schmitthoff's conception of a transnational world trade law. A contribution to the life and work of Clive M. Schmitthoff (1903–1990). Mohr Siebeck, Tübingen 2018, ISBN 978-3-16-156247-1 (dissertation, Christian-Albrechts-Universität zu Kiel, 2016).

Web links

personal data
SURNAME Schmitthoff, Clive M.
ALTERNATIVE NAMES Schmulewitz, Maximilian (maiden name); MacMillan, Clive (former name)
BRIEF DESCRIPTION British law scholar and university professor
DATE OF BIRTH March 24, 1903
PLACE OF BIRTH Berlin
DATE OF DEATH September 30, 1990
Place of death London