Ernst Rabel

from Wikipedia, the free encyclopedia

Ernst Rabel (born January 28, 1874 in Vienna , † September 7, 1955 in Zurich ) was a legal scholar. He is seen as the founder of modern comparative law in Germany.

Rabel was also an important legal historian, especially on Roman law . He was co-editor of the Index Interpolationum and founding director of the Kaiser Wilhelm Institute for Comparative and International Private Law (today: Max Planck Institute for Comparative and International Private Law ). His comparative law work began with studies on Roman law, namely with his studies on liability for legal defects (1902).

Life

Childhood and university career (1874–1902)

Rabel was born on January 28, 1874 in Vienna as the son of the imperial court and court attorneys Albert Rabel and Berta Ettinger. Among other things, he had piano lessons with Anton Bruckner .

He studied in Vienna, where, at the age of 21, received his doctorate on December 20, 1895 under Ludwig Mitteis . He then worked for a short time in his father's office before following Mitteis to Leipzig, where he qualified as a professor in 1902 with The Liability of the Seller Due to Defects in Law .

Leipzig, Basel, Kiel, Munich (1904–1926)

In 1904 he became an associate professor in Leipzig and in 1906 a full professor in Basel. There he was also a judge at the Higher Regional Court. Since 1909, together with Josef Kohler, he published the Rheinische Zeitschrift für Zivil- und Prozessrecht, a comparative German-French journal. In 1910 he came to Kiel for a short time; In 1911 he succeeded Joseph Aloys August Partsch in Göttingen. On April 9, 1912, he married Anny Weber († 1979 in Garmisch-Partenkirchen), whom he met after a tour of the Dolomites in Bolzano. The children Friedrich Karl († 2009 in Bethesda, Maryland) and Lilli († 1985 in California) emerged from the marriage. In 1916 he moved to Munich, where he founded an institute for comparative law and from 1920 to 1925 was a judge at the Munich I Regional Court with the title of Higher Regional Court Councilor.

Berlin (1926–1937)

In 1926 he finally received - again as Partsch's successor - a call to Berlin. In Berlin, he was appointed head of the Kaiser Wilhelm Institute for Comparative and International Private Law (today: Max Planck Institute for Comparative and International Private Law , Hamburg), which together with Viktor Bruns ' Institute for Comparative Public Law and International Law in Berlin City Palace was housed. Rabel's lectures at the university were - in contrast to those of his colleague Martin Wolff - often only sparsely attended. Overall, his relationship with Wolff was not without tension. Wolff is said to have written this:

"I like to stop at Habel [a wine bar close to the university]
because Rabel hates this place ."

- Martin Wolff : Attributed

Furthermore, from 1925 to 1927, Rabel worked as an ad hoc judge at the Permanent International Court of Justice in The Hague in the so-called Chorzów cases. From 1927 he published the journal for foreign and international private law (today Rabel's journal for foreign and international private law ) and the IPRspr decision collection from 1926 to 1934. His work on international law on the sale of goods, on which the Vienna Convention on Contracts for the International Sale of Goods (UN Sales Convention or CISG) is still based, is seen as groundbreaking . At the instigation of the National Socialist Dean Gleispach , Rabel had to leave his professorship in 1935. Gleispach also ensured that he lost the post of institute director at the Kaiser Wilhelm Society.

Emigration (1937–1950)

In 1937 Rabel - although a baptized Catholic - was forced to resign from his position as director of the institute because of his Jewish origin on the basis of the Nuremberg Race Laws; in March 1939 he left Berlin and emigrated to the USA after a short stopover in Belgium. There he did research with grants from the American Law Institute, the University of Michigan in Ann Arbor and the Harvard Law School and was able to complete the four-volume work The Conflict of Laws with great effort . His colleagues James Goldschmidt , Martin Wolff , Fritz Schulz , Arthur Nussbaum , Julius Flechtheim , Max Rheinstein , Julius Magnus and Max Alsberg also suffered a similar fate .

Return to Germany (1950–1955)

In the fall of 1950 Rabel returned to Germany from exile and continued research into the last days of his life at the institute he founded, which was housed in Tübingen from 1944 to 1956. The Free University of Berlin appointed him honorary professor. He died on September 7th in a Zurich hospital.

Gerhard Kegel is one of his students .

Fonts

Own writings

  • The seller's liability for defects in rights. Volume 1: Historical Studies on Liability Success. Veit, Leipzig 1902.
  • Post-formed legal transactions. With contributions to the doctrine of injure recession and lien. In: Journal of the Savigny Foundation for Legal History . Romance Department. Vol. 27 = 40, 1906, pp. 290-335, ( digitized part 1 ), and Vol. 28 = 41, 1907, p. 311-379, ( digitized final ).
  • Origine de la règle “Impossibilium nulla obligatio”. In: Mélanges Gérardin. Sirey, Paris 1907, pp. 473-512.
  • The pledger's disposal restrictions, especially in the papyri. With an appendix: an unpublished Basel papyrus document. Veit, Leipzig 1909.
  • Basic features of Roman private law. In: Franz von Holtzendorff (founder), Josef Kohler (Hrsg.): Encyclopedia of Law. In systematic processing. Volume 3. 7., the revision, 2nd edition. Duncker & Humblot et al., Munich et al. 1915, pp. 399-540 .
  • Δίκη ἐξοὐλης and related things. In: Journal of the Savigny Foundation for Legal History. Romance Department. Vol. 36 = 49, 1915, pp. 340-390, ( digitized version ).
  • Bearing risk when purchasing. In: Journal of the Savigny Foundation for Legal History. Romance Department. Vol. 42 = 55, 1921, pp. 543-564.
  • with Ernst Levy : Index interpolationum, quae in Iustiniani Digesti inesse dicuntur. 4 volumes (Vol. 1–3; Suppl.-Vol. 1). Böhlau, Weimar 1929–1935.
  • Negotium alienum and animus. In: Studi in onore di Pietro Bonfante. Nel XL anno d'insegnamento. Volume 4. Treves, Milan 1930, pp. 279-304.
  • Bonfante's theory of inheritance law. In: Journal of the Savigny Foundation for Legal History. Romance Department. Vol. 50 = 63, 1930, pp. 295-332.
  • The problem of qualification. In: Journal for Foreign and International Private Law . Vol. 5, 1931, pp. 241-288, JSTOR 27871878 .
  • Community of heirs and guarantee. Comparative legal remarks on the new Gaius fragments. In: Πέτρου Γ. Βαλλήνδα (Ed.): Μνημόσυνα Παππούλια. Πυρσός, Αθήναι 1934, pp. 187–212.
  • On loss of property according to the classical theory. In: Studi in onore di Salvatore Riccobono nel XL anno del suo insegnamento. Castiglia, Palermo 1936, pp. 203-229.
  • The right to purchase goods. A comparative legal representation. 2 volumes. de Gruyter, Berlin et al. 1936–1958.
  • Systasis. In: Archives d'histoire du droit oriental. Vol. 1, 1937, ISSN  0570-6874 , pp. 213-237.
  • Real Securities in Roman Law. Reflections on a Recent Study by the Late Dean Wigmore. In: Seminar. Vol. 1, 1973, ZDB -ID 206920-9 , pp. 32-47.
  • The Conflict of Laws. A Comparative Study. 4 volumes. University of Michigan Law School et al., Ann Arbor MI et al. 1945-1958;
    • Volume 1: Introduction. Family Law. 1945;
    • Volume 2: Foreign Corporations. Torts. Contracts in General. 1947;
    • Volume 3: Special Obligations. Modification and Discharge of Obligations. 1950;
    • Volume 4: Property. Bills and Notes. Inheritance. Trusts. Application of Foreign Law. Intertemporal Relations. 1958.
  • The Statute of Frauds and Comparative Legal History. In: The Law Quarterly Review. Vol. 63, 1947, ISSN  0023-933X , pp. 174-187.
  • Private Laws of Western Civilization. 4 parts in: Louisiana Law Review. Vol. 10, No. 1, 1949, ISSN  0024-6859 , pp. 1-14, ( digitized part 1 ); Vol. 10, No. 2, 1950, pp. 107-119, ( digitized part 2 ); Vol. 10, No. 3, 1950, pp. 265-275, ( digitized part 3 ); Vol. 10, No. 4, 1950, pp. 431-460, ( digitized part 4 ).

Festschriften

  • Festschrift for Ernst Rabel. 2 volumes. Mohr (Siebeck), Tübingen 1954;
    • Volume 1: Hans Dölle, Max Rheinstein, Konrad Zweigert (eds.): Comparative law and international private law.
    • Volume 2: Wolfgang Kunkel, Hans Jy Wolff (Hrsg.): History of ancient law and general legal theory. 1947.

Honors

literature

Web links

Individual evidence

  1. ↑ Reinhard Zimmermann : Today's Law, Roman Law and Today's Roman Law . In: Reinhard Zimmermann u. a. (Ed.): Legal history and private law dogmatics. CF Müller, Heidelberg 1999, pp. 1-39 (21).
  2. ^ A b Gerhard Kegel : Ernst Rabel (1874–1955). Champion of world sales law . In: Helmut Heinrichs , Harald Franzki , Klaus Schmalz , Michael Stolleis (eds.): German lawyers of Jewish origin . Beck, Munich 1993, ISBN 3-406-36960-X , p. 571-594 .
  3. ^ Gerhard Kegel: Ernst Rabel (1874–1955). Champion of world sales law . In: Helmut Heinrichs , Harald Franzki , Klaus Schmalz , Michael Stolleis (eds.): German lawyers of Jewish origin . Beck, Munich 1993, ISBN 3-406-36960-X , p. 589 .
  4. ↑ Anna-Maria Gräfin von Lösch: The Naked Spirit: The Law Faculty of the Berlin University in transition from 1933. Tübingen 1999, ISBN 3-16-147245-4 , p. 368ff.
  5. ↑ Only this volume appeared. Michael O. Krieg: Not more than that. Volume 2: M - Z. Supplements (= Bibliotheca Bibliographica. Vol. 2, Part 2). Krieg, Bad Bocklet et al. 1958, p. 141.
personal data
SURNAME Rabel, Ernst
BRIEF DESCRIPTION Legal scholar, is regarded as the founder of comparative law in Germany
DATE OF BIRTH January 28, 1874
PLACE OF BIRTH Vienna
DATE OF DEATH September 7, 1955
Place of death Zurich