Emil Strohal

Emil August Strohal (born December 31, 1844 in Birgitz near Innsbruck , † June 6, 1914 in Leipzig ) was a lawyer who is of outstanding importance for both Austrian and German law. On the occasion of the entry into force of the German Civil Code, he wrote a comprehensive textbook on inheritance law , which was the first major inheritance law textbook to have a significant impact on German inheritance law and which is still of great interest today. Emil Strohal can also be seen as the founder of the Austrian land register law.

Career

The father was a district forester from Olomouc in Moravia (died in 1855). Strohal first attended high school in Graz , which he left in 1862 with the Matura . He then studied law at the University of Graz . In 1867 he received his doctorate from the University of Graz. This was followed by his work as a lawyer. He initially worked as a lawyer in Graz and Klagenfurt. In 1870 he founded his first law firm in Vienna. In addition to his legal practice, Emil Strohal was also a notable legal scholar. He taught at the universities of Graz, Leipzig and Göttingen, where he succeeded Rudolf von Jhering.

In 1873 he passed the bar exam. In 1875 he completed his habilitation in Austrian civil law at the University of Graz . In 1877 he received an extraordinary professorship at the University of Graz, then in 1881 the full professorship. He was president of the legal history state examination. In 1892 he was appointed full professor at the University of Göttingen to succeed Rudolf von Jhering . From 1894 he was a full professor at the University of Leipzig (as successor to Johannes Emil Kuntze ), where he then taught German civil law. Leipzig had a special attraction for him due to its close proximity to the Imperial Court, as he always sought and maintained close ties to legal practice. Emil Strohal died in Leipzig in 1914.

effect

Strohal worked in the field of Austrian and German civil law. He was significantly involved in the codification of the Austrian land register law and became known beyond the borders of the German-speaking area through his work at the legal institute of the owner mortgage . He wrote the first important textbook on German inheritance law and commented on it in the first major German commentary , the Planck. He has significantly shaped the development of German inheritance law.

Publications

• On the doctrine of property ownership, (Graz 1876; habilitation thesis deals with the registration theory in its application to Austrian private law)
• Transmission pendente conditione (Graz 1879)
• The assignment of priority according to today's land register law (Graz 1880)
• The owner mortgage in Austrian law 1883
• Succession in possession according to Roman and current law (Graz 1885)
• The German law of inheritance (Berlin 1896; short version emerged from the lecture)
• The German law of inheritance on the basis of the Civil Code (in two volumes, 1st edition 1896, 3rd edition 1903/1904).
• The property according to the Bürgerl. Law Book (Jena 1897)
• Suffered. Leipz., DBA 1241,217, DBI 4, 2000c, IBI 2, 1041c, 1911-1914A

Others

From 1892 Strohal was co-editor of Jhering's yearbooks for the dogmatics of today's Roman and German private law, for which he wrote numerous articles by name. From 1911 to 1914 he was co-editor of Jhering's yearbooks for the dogmatics of civil law. Later he was also the editor of Planck's Commentary on the Civil Code .

Literature on Strohal

• Leopold Wenger : Emil Strohal . 1915
• R. Rimpel: Emil Strohal and his importance for Austrian property law . (Diss. Iur.) Vienna 1946
• Catalogus professorum Gottingensium . 1962, 53
• DBE
• Gunter Wesener , Austrian Private Law at the University of Graz (= History of the Law Faculty of the University of Graz, Part 4, Graz 2002) 32-42.
• Gunter Wesener : Emil Strohal (1844-1914). About the Pandectic to the new civil law . In: FS Mayer-Maly 2002, 853-864

Web links

• Literature by and about Emil Strohal in the catalog of the German National Library
• Overview of Emil Strohal's courses at the University of Leipzig (summer semester 1894 to summer semester 1914)
• Emil Strohal in the professorial catalog of the University of Leipzig