Erich Molitor

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Karl Constant Erich Molitor (born October 3, 1886 in Göttingen ; † February 24, 1963 in Wiesbaden ) was a German lawyer and university professor . From 1949 to 1953 he was President of the Supreme Labor Court of Rhineland-Palatinate. He is considered to be one of the founders of modern labor law .

Life

Molitor's father Karl was director of the Münster University Library from 1891 . After attending school at the Paulinum in Münster , he studied law in Lausanne , Strasbourg , Munich , Berlin and Münster . In 1910 he was at Rudolf His Dr. jur. PhD . He was then a judge at a regional court . Out of interest, he attended the law Historical Seminar of Konrad Beyerle at the Georg-August University of Göttingen , where he met Heinrich von Minnigerode and Otto Schreiber was a friend. In 1914 he completed his habilitation in Münster for German legal history and German civil law. After a substitute professor in Marburg , he began teaching in Leipzig in 1922 . In 1930 he followed a call to Greifswald to succeed Franz Beyerle . An appointment to Halle failed in 1937 for ideological reasons, as Molitor had previously stood up for his Jewish professor colleague Josef Juncker and had publicly disapproved of the Nazi blood-and-soil ideology on another occasion . Nonetheless, he was a member of the Academy for German Law , joined the NSDAP in 1941 and became a member of the Nazi Lecturer Association . In 1942 he took over the office of dean of the law and political science faculty in Greifswald. After the war ended , he left the Soviet occupation zone in 1946, rejecting an offer from the University of Rostock, and moved to the Johannes Gutenberg University in Mainz . There he was immediately dean of the Faculty of Law and Economics, then vice dean until 1948.

In 1949, Molitor was appointed President of the Supreme Labor Court of Rhineland-Palatinate, a state-wide appeal against judgments of the Rhineland-Palatinate State Labor Court , which was dissolved when the Federal Labor Court was founded in 1953. In 1956, Molitor was awarded the Order of Merit of the Federal Republic of Germany for his services .

Molitor was married to Maria Georgina Elisabeth Gerdrud Peters (1900–1988) since 1921; their brothers Hans and Karl Peters were also well-known legal scholars. One of his four sons, Karl Molitor (* 1928), honorary professor in Göttingen, was the managing director of the Federal Chemicals Employers' Association .

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Until 1921 Molitor dealt exclusively with topics of German legal history, only with his appointment to Leipzig did his interests expand to include labor law. First, he researched the role of the estates in medieval society, especially the ministerials , as well as the history of the codification idea based on David Mevius' Mecklenburg land law ; his investigation of the imperial reform movement in terms of intellectual and cultural history is considered a "pioneering achievement". With regard to the Sachsenspiegel , he was the first to advocate the theory that the legal book was not created in one go, but represented an original text with several later insertions and revisions by Eike von Repgows or other authors; This “sensational” thesis was initially rejected many times, but has now been confirmed by recent Sachsenspiegel research.

In his labor law studies, Molitor pursued the approach of constructing the dogmatics of labor law from the traditional dogmatics of general civil law. Under Molitor's aegis, the Leipzig Institute for Labor Law, originally founded by Erwin Jacobi , became a center of the then still young discipline of labor law. Molitor has been an authority in the field of labor law since the publication of The Termination (1935). In this monograph he developed the dogmatics of dismissal under labor law in close connection with the general civil law dogmatics of dismissal , as it appears, for example, in tenancy law . The design of the employment relationship as a personal relationship, as the Federal Labor Court has based its case law since 1962, goes back to a work by Erich Molitor from 1931.

During his time in Mainz, Molitor increasingly conducted comparative law studies (especially on Italian labor law), which made him a legal scholar known beyond the borders of Germany. His presentation of the fundamentals of the recent history of private law , published in 1949 , became one of the standard works of legal studies. After Molitor's death, Hans Schlosser continued the textbook in several editions.

Works (selection)

  • The stands of the free in Westphalia and the Sachsenspiegel. Münster 1910 (dissertation).
  • The state of the ministerials. Breslau 1912 (habilitation thesis). Ndr. Aalen 1970.
  • The reform efforts of the 15th century Breslau 1921. 2nd edition Leipzig 1924. Ndr. Aalen 1969.
  • The essence of the employment contract. Leipzig / Erlangen 1925.
  • The employment relationship in labor law. In: New Journal for Labor Law 1931, p. 109 ff.
  • The draft of a Mecklenburg land law by David Mevius. In: Journal of the Savigny Foundation for Legal History , German Department 61 (1940), pp. 160 ff.
  • The termination. Mannheim / Berlin / Leipzig 1935. 2nd edition Mannheim 1951.
  • The train of thought of the Sachsenspiegel. In: Journal of the Savigny Foundation for Legal History, German Department 65 (1947), p. 15 ff.
  • Basics of the recent history of private law . Karlsruhe 1949

literature

  • Nadine Däumichen: Erich Molitor - co-founder of the newer labor law studies. Employment relationship and employment contract at the time of the Weimar Constitution and the Third Reich (= writings on legal history. Vol. 156). Berlin 2012.

Web links

Individual evidence

  1. ^ Hans Carl Nipperdey : Erich Molitor 70 years. In: Law of Work 1956, p. 371 f.
  2. ↑ Nadine Däumichen: Erich Molitor - co-founder of modern labor law. Berlin 2012, p. 22 .
  3. ↑ Nadine Däumichen: Erich Molitor - co-founder of modern labor law. Berlin 2012, p. 45 f .
  4. ^ Karl Kroeschell : Erich Molitor. In: Journal of the Savigny Foundation for Legal History, German Department 80 (1963), pp. 594–598 (596).
  5. ^ Ernst Klee : The dictionary of persons on the Third Reich . Frankfurt am Main 2007, p. 414
  6. ↑ Nadine Däumichen: Erich Molitor - co-founder of modern labor law . Berlin 2012, p. 53 .
  7. ↑ Prof. Dr. Dr. hc Karl Molitor on the website of the Georg-August-Universität Göttingen.
  8. ^ Federal Employers' Association in Chemistry: Prof. Karl Molitor 75 years old. May 21, 2003.
  9. ↑ Antonio Montaner: memory address. In: Erich Molitor to the memory. Mainz 1963. p. 5 f.
  10. ^ Johannes Bärmann : Erich Molitor's legal history work . In: Erich Molitor to the memory. Mainz 1963. pp. 7-14. (12)
  11. ^ Karl Kroeschell: Erich Molitor. In: Journal of the Savigny Foundation for Legal History, German Department 80 (1963), pp. 594–598 (597).
  12. ↑ Nadine Däumichen: Erich Molitor - co-founder of modern labor law . Berlin 2012, p. 129 .
  13. ↑ See Heiner Lück : About the Sachsenspiegel. 2005, p. 17.
  14. ↑ Hellmut Georg Isele: Erich Molitor 70 years old. In: Law of Work 1956, p. 1710.
  15. ↑ Antonio Montaner: memory address. In: Erich Molitor to the memory. Mainz 1963. p. 5 f.
  16. ^ Karl Kroeschell: Erich Molitor. In: Journal of the Savigny Foundation for Legal History, German Department 80 (1963), pp. 594–598 (596).
  17. ^ Wilhelm Scheuerle : Erich Molitor's work on labor law. In: Erich Molitor to the memory. Mainz 1963. pp. 15-19 (16).
  18. ^ Alfred Hueck : Erich Molitor. In: Law of Labor 1963, p. 134.
  19. ^ Wilhelm Scheuerle: Erich Molitor's work on labor law. In: Erich Molitor to the memory. Mainz 1963. pp. 15-19 (16).
  20. ^ Gerhard Schnorr: Professor Dr. Erich Molitor. In: Arbeit und Recht 11 (1963), p. 85.
  21. ↑ Bernhard Volmer: Erich Molitor. In: NJW 1963, p. 849.
  22. ^ Karl Kroeschell: Erich Molitor. In: Journal of the Savigny Foundation for Legal History, German Department 80 (1963), pp. 594–598 (598).
personal data
SURNAME Molitor, Erich
ALTERNATIVE NAMES Molitor, Karl Constant Erich (full name)
BRIEF DESCRIPTION German lawyer and university professor
DATE OF BIRTH October 3, 1886
PLACE OF BIRTH Goettingen
DATE OF DEATH February 24, 1963
Place of death Wiesbaden