Franz Bydlinski

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Franz Bydlinski (born November 20, 1931 in Rybnik ; † February 7, 2011 in Gran Canaria ) was an Austrian legal scholar , member of several academic academies and professor emeritus at the University of Vienna .

Life

Franz Bydlinski's school education began at the Rybnik-Paruschowitz elementary school in Upper Silesia . The father came from a Polish -speaking family, the mother from a German-speaking family. His father was named after the German invasion in Poland arrested and lost his job. In order to avoid deportation, he was able to declare himself as a person of partly German origin (“member of ethnic group 3”) and found new work as a manager in Knittelfeld , where the family moved. Other parts of the family remained in Upper Silesia, where in 2007, for example, Wojciech Bydliński was mayor of the city of Szczyrk (Schirk).

Franz Bydlinski graduated from the Knittelfeld High School and legal studies at the University of Graz , where he received his doctorate on December 11, 1954. After an assistantship and habilitation on July 11, 1957 with Walter Wilburg , he was a lecturer and from February 29, 1960 professor in Graz. One of his faculty colleagues was Theo Mayer-Maly . His habilitation thesis dealt with contract law and compensation in industrial disputes . From November 1963 he taught at the University of Bonn and from April 1967 at the University of Vienna. He did not accept calls to Göttingen and Innsbruck, later to Kiel and the then University of World Trade in Vienna or to Graz as the successor to his teacher Wilburg.

The experiences from his childhood and the cohesion of the family were formative for Franz Bydlinski. He describes it as the basis of his view that a means against totalitarian state power is a state-independent social area that is organized according to private law aspects.

Until his retirement on September 30, 2000, he was Professor of Civil Law and Legal Methodology . He was head of the Institute for Civil Law at the University of Vienna. From 1963 to 1989 he was editor of the “Juristische Blätter” (JBl.), One of the major Austrian legal journals.

He was awarded honorary doctorates by the universities of Salzburg (1986), Munich (1991), Katowice (2000) and Trnava (2001). He was a real member of the philosophical-historical class of the Austrian Academy of Sciences . In addition, he was a corresponding member of the Göttingen Academy of Sciences , the Polish Academy of Sciences (Cracow) and the Bavarian Academy of Sciences .

Franz Bydlinski received the Theodor Körner Prize twice , and in 1976 the Cardinal Innitzer Appreciation Prize . In June 2007 he was awarded the Austrian Cross of Honor for Science and Research, 1st class . In the same year he received the great Cardinal Innitzer Prize for his life's work.

Franz Bydlinski left five sons: Georg Bydlinski is a successful children's book author after studying English and religious education. Peter Bydlinski is professor for civil law at the University of Graz, Michael (twin brother of Peter) Senate President of the Supreme Court , Andreas is an engineer and IT specialist and Martin is a lawyer, founder of the cabaret group “ Die Hectiker ” and as “ Mini Bydlinski ” cabaret artist and actor.

Services

A central legal achievement of Franz Bydlinski is seen in the fact that his works push back legal or legal positivism . This legal teaching had dominant influence in Austria since Hans Kelsen . It had led to the fact that the interpretation of a legal provision in Austrian administrative practice was strongly based on the mere literal sense. To this end, the Constitutional Court decided that the content of the actions of administrative authorities had to be foreseeable based on the law (and not only in the implementing regulations) (requirement of determination). This situation was one of the reasons why Austrian laws sometimes contain very complicated individual case-related formulations (“overgrown casuistry”) in order to avoid any ambiguity as possible. This is particularly the case in tax and social security law.

Franz Bydlinski developed the science of law interpretation . His work not only treats the wording of the law as the main basis for interpretation, but also the interests and evaluations of the legislature behind a law (see interest jurisprudence ). His three publications “Legal Methodology” (1982), “Fundamental Legal Principles” (1988) and “System and Principles of Private Law” (1996) are regarded as the foundations of legal dogmatics .

Works

The catalog raisonné by Franz Bydlinski includes pages 533-540 in the 2002 Festschrift.

  • Criminal assessment of sports injuries. In: Austrian legal journal - ÖJZ. Born in 1955. pp. 159–161.
  • Contract law and industrial action and damage law and industrial action . In: Austrian Journal for Public Law - ÖZöR New Part Volume VIII, year 1957/58, pp. 300–372 and Volume IX, year 1959, pages 518–568.
  • The principle of equality in Austrian private law . Vienna 1961, expert opinion for the 1st Austrian Juristentag. Negotiations of the Austrian Juristentag. Volume 1, part 1.
  • Problems of causing damage under German and Austrian law. Treatises from all areas of civil law, commercial law and business law. Issue 28. Main edition: Stuttgart 1964. Reprint: Frankfurt am Main 1977. (Japanese 2000).
  • Private autonomy and objective foundations of the mandatory legal transaction. Vienna-New York 1967.
  • Labor Law Codification and General Civil Law. Vienna-New York 1969.
  • Commentary on §§ 1045-1089. In: Heinrich Klang, Franz Gschnitzer: Commentary on the ABGB . Vienna 1971 ff.
  • Introduction to Austrian private law. Eisenstadt 1975.
  • Austrian laws. Collection of civil, commercial, criminal and procedural law. (as editor until the 31st delivery in 2003, loose-leaf edition). Vienna-Munich 1980 ff. ISBN 978-3-214-10147-3 .
  • System and principles of private law. Vienna 1996. ISBN 3-211-82752-8 .
  • The right of super-certificates : applicable law and opportunities for improvement. Vienna 1982. ISBN 3-214-06552-1 .
  • Legal methodology and legal concept. Vienna-New York 1982. In it, among other things: Book 1: On the status of the legal fundamental discussion. Book 2: The Methodological Meaning of the Legal Concept. Main edition ISBN 3-211-81723-9 . 2nd edition 1991 ISBN 3-211-82270-4 .
  • Legal orientation as a task. In: Claus-Wilhelm Canaris : Festschrift for Karl Larenz on the 80th birthday. Munich 1983. ISBN 3-406-09264-0 .
  • The employer's risk liability. Viennese contributions to labor and social law. Volume 23. Vienna 1986. ISBN 3-7003-0664-4 .
  • Mobile system and legal methodology. In: The mobile system in current and future law. State and law research. Volume 73. Vienna-New York 1986. ISBN 3-211-81914-2 .
  • Law, Method and Jurisprudence. Frankfurt am Main 1988. Würzburg lectures on legal philosophy , legal theory and legal sociology . Issue 7. ISBN 3-7875-3607-8 . (Italian 1994).
  • Fundamental legal principles: on the legal and ethical constitution of the law firm. Vienna-New York 1988. ISBN 3-211-82042-6 .
  • Commercial or corporate law as a special private law: a model example for the systematic and methodological basic discussion. Lecture to the Berlin Legal Society on March 7, 1990. Berlin-New York 1990. ISBN 3-11-012679-6 .
  • Permissibility and limits of eternal and extremely long-lasting contractual obligations. Series of publications by the Lower Austrian Legal Society. Issue 58. Vienna 1991. ISBN 3-7007-0202-7 .
  • Renaissance of the Idea of Codification : The New Dutch Civil Code. Writings on legal policy. Volume 5. Vienna-Cologne-Weimar 1992. ISBN 3-205-05424-5 .
  • Reproductive Medicine and Life Protection. Publications of the International Research Center for Basic Questions in Science Salzburg. New series 55. Salzburg 1993. ISBN 3-7022-1882-3 . (as editor together with Theo Mayer-Maly)
  • The ethical foundations of private law. Vienna 1994. ISBN 3-211-82606-8 .
  • Private law in the legal system of a "private law company". Vienna 1994. ISBN 3-211-82607-6 .
  • The work: its order, its future, its meaning. Proceedings of the symposium of the same name on 26. – 27. May 1994 in Salzburg. Viennese contributions to labor and social law. Volume 34. Vienna 1995. ISBN 3-7003-1087-0 .
  • On principle-systematic legal finding in private law. Lecture given to the Berlin Legal Society on May 17, 1995. Series of the Berlin Legal Society. Issue 141. ISBN 3-11-014998-2 .
  • Tenancy law in Europe. Series of publications by the Austrian notary's office. Volume 3. Vienna 1996. ISBN 3-214-00823-4 .
  • System and principles of private law. Vienna 1996. ISBN 3-211-82752-8 .
  • Commentary on §§ 1–14 ABGB. In: Peter Rummel : Commentary on the ABGB. Vienna 1983, 1990 and 2000–2007. ISBN 3-214-04444-3 . Most recently, pp. 3–49.
  • Legal formal requirements for legal transactions on the test bench. Publications of the Ludwig Boltzmann Institute for Legislative Practice and Legal Application. Volume 9. Vienna 2001. ISBN 3-214-06969-1 .
  • Basic principles of legal methodology. Vienna 2005. ISBN 3-85114-905-X .
  • Formal ethics of freedom or material ethics of responsibility. Report on the Scientific Colloquium on the 65th birthday of Professor Dr. Dieter Reuter on October 15 and 16, 2005 in Kiel. Berlin 2006. ISBN 3-89949-111-4 .
  • Human from the beginning? With contributions from the interdisciplinary conference on the status of unborn children. In the legal ethics series . ISSN  0946-8382 . Volume 4. Vienna 2008. ISBN 978-3-211-74988-3 .

literature

Individual evidence

  1. ↑ JBl. 1991, p. 709.
  2. ↑ see literature: self-presentation, pp. 12-16.
  3. ^ Curriculum vitae on the homepage of the Austrian Academy of Sciences.
  4. ↑ ISSN  0022-6912 . Springer Verlag Vienna New-York. Founded in 1878.
  5. ↑ For guidance. JBl. Year 1989. Page 1.
  6. ↑ a b Ernst Kramer, Juristische Blätter 2001, page 710.
  7. ↑ in his decisions on the so-called “ legality principle ” of the Austrian Federal Constitution, Art. 18 of the Austrian Federal Constitutional Law (B-VG).
  8. ^ Theodor Tomandl: Rule of Law Austria. Illusion or reality? Vienna 1997. ISBN 3-214-06978-0 . Page 82.

Web links

personal data
SURNAME Bydlinski, Franz
BRIEF DESCRIPTION Austrian legal scholar
DATE OF BIRTH November 20, 1931
PLACE OF BIRTH Rybnik
DATE OF DEATH February 7, 2011
Place of death Gran Canaria