Erich Gerner

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Erich Gerner (born October 22, 1906 in Untermerzbach ; † February 23, 1992 in Munich ) was a German lawyer and legal historian who, after holding various positions in the Bavarian judicial and civil service, taught at the University of Munich from 1963 to 1972 .

Life

Erich Gerner , the son of the pharmacist Julius Gerner and Clara geb. Rattinger, attended the New Gymnasium in Bamberg from October 1916 to Easter 1925 and then studied law at the universities of Erlangen , Berlin and Munich . After the legal state examination in 1929, he was a court trainee in Munich for three years. During this time he was on 28 July 1932. Leopold Wenger Dr. iur. PhD . Then he prepared for the assessor examination. After joining the NSDAP on May 1, 1933 on the recommendation of the Bavarian State Ministry of Justice , he was accepted into the Bavarian judicial service on November 1, 1933. Gerner worked as an investigative judge at the Starnberg District Court , from 1935 at the Dinkelsbühl District Court , and finally from September 1, 1936 at the Munich District Court , where he initially worked in the criminal court and later from 1937 in the special section for economic affairs. After the end of the Second World War , Gerner was first suspended from service and then went through the arbitration chamber proceedings . He was classified on October 29, 1946 in the category V ("exonerated"); after being appointed, he was classified in category IV (“fellow travelers”) on March 8, 1947; this verdict was repealed on August 3, 1948.

After the denazification was completed, Gerner was transferred to the Munich Higher Regional Court in autumn 1948 as Attorney General . At the end of 1949 he was appointed senior judge there; In the same year he qualified as a professor at the University of Munich in Roman law . In 1950/51 the Bavarian State Ministry of Justice assigned him to the Federal Government in Bonn . From 1951 he headed the Constitution and Legislation Department in the Bavarian State Chancellery , from 1956 to 1962 with the rank of ministerial director . In 1963 he accepted a call from the University of Munich to a newly created chair for Roman, ancient and civil law and taught there until his retirement in 1972.

As a legal historian, Gerner specialized in Attic law. He wrote several monographs, essays and lexicon articles (in Pauly's real encyclopedia of classical antiquity ). Together with Wolfgang Kunkel , Dieter Nörr and Gerhard Thür , he edited the series of Munich Contributions to Papyrus Research and Ancient Legal History , which his academic teacher Leopold Wenger had founded.

Fonts (selection)

  • To distinguish between civil and criminal offenses in Attic law . Munich 1934 (dissertation)
  • Tymborychia . In: Journal of the Savigny Foundation for Legal History. Romance Department . Volume 61 (1941), pp. 230-275.
  • About the term δίκη in Attic law . In: Munich contributions to papyrus research and ancient legal history . Volume 34, Munich 1935 (= Festschrift for Leopold Wenger on his 70th birthday presented by friends, colleagues and students ), pp. 242–268
  • Historical-sociological development tendencies in Attic law . In: Journal of the Savigny Foundation for Legal History. Romance Department . Volume 67 (1950), pp. 1-46.
  • Contributions to the law of the parapherna. A matrimonial property investigation . Munich 1954
  • with Hugo Winckhler: Commercial Criminal Law 1954 . Munich / Berlin 1954
  • with Claus Leusser: Bavarian Civil Service Act (of July 18, 1960). Hand comment . Munich 1961. 2nd edition 1970–1971

literature

  • Gerhard Thür: In memoriam Erich Gerner . In: Journal of the Savigny Foundation for Legal History. Romance Department . 110: 840-842 (1993).

Web links

Individual evidence

  1. ↑ a b Thür (1993) 841 claimed that Gerner did not join the National Socialist Party; but compare Karl-Ulrich Gelberg (editor): Das Kabinett Ehard II, September 20, 1947 to December 18, 1950. Volume 2: The minutes of the Bavarian Council of Ministers, 1949 . Munich 2005, p. 361 Note 49.
personal data
SURNAME Gladly, Erich
BRIEF DESCRIPTION German lawyer and legal historian
DATE OF BIRTH October 22, 1906
PLACE OF BIRTH Untermerzbach
DATE OF DEATH February 23, 1992
Place of death Munich