Franz Scholz (lawyer)

Franz Scholz (born September 23, 1873 in Berlin , † February 15, 1958 ibid) was a German lawyer , administrative judge and legal specialist author. For many years he was co-author of a well-known standard legal commentary on the GmbH Act .

Life

Franz Scholz was born on September 23, 1873 into a family of scholars. After attending a humanistic grammar school, he studied law in Berlin, Lausanne and Rome . In doing so, Scholz developed a particular interest in international law . In Rome, a friendship developed between Scholz and the Italian lawyer and international lawyer Augusto Pierantoni , which resulted in Pierantoni Scholz transferring the translation of his book I progressi del Diritto Interanzionale nel XIX secolo (The Advances in International Law in the XIXth Century) , which was published in 1899 appeared in German. For his doctoral thesis himself, Scholz chose the subject of right of retention and lien vis-à-vis an envoy , which he successfully defended in 1897.

He then applied to the Federal Foreign Office, but their application was rejected. As a result, Scholz found a job as an assessor at the Reich Post Office . Finally he succeeded in being employed in the Prussian judicial service, which in 1913 led to his appointment to the chamber judge . During the First World War, Scholz served as legal advisor to German occupation authorities in Romania and Italy, and through this came back into contact with international law. Following his military service, Scholz moved to the Prussian Higher Administrative Court , where he was first an assessor and Reich Finance Councilor, and later also President of the Senate before he retired in 1938. He interrupted this in 1943 when Scholz was reappointed to the civil service.

Despite his switch to tax and administrative law, Scholz also appeared under international law for some time. From 1921 to 1928 he was a German judge at mixed arbitration tribunals in Paris , Geneva and Rome. These courts were established by the Treaty of Versailles .

After the end of the Second World War, Scholz campaigned for the rebuilding of the administrative judiciary in Berlin. The British occupying power finally installed a first administrative court in Berlin on December 19, 1945 in the premises of the former Prussian Higher Administrative Court with the establishment of a district administrative court. The existing functional apparatus of the former OVG was virtually absorbed by this authority, whose president until 1946 was Franz Scholz. Scholz then finally retired and devoted himself to his work as an author of specialist legal commentaries.

Franz Scholz died in Berlin in 1958 at the age of 84. His grave is in the Luisenstadt cemetery in Kreuzberg .

Scientific work

Scholz's work is strongly shaped by his professional stations. In the beginning, during his time at the Reich Post Office, he published writings such as War and Submarine Cable: A study under international law or Public Post and Telegraph Law in outline . During his military service there were then writings such as The significance of naval bases in terms of sea warfare . After the First World War, Scholz initially dealt with sales tax law in his writings until he published his main work for the first time in 1928, the commentary on the GmbH law published by Otto Schmidt , who in 1905 founded the Central Office for Limited Liability Companies Dr. Otto Schmidt founded. At that time, this comment was already 839 pages long.

Due to the Second World War and the subsequent paper shortage, the commentary was initially not granted a further edition, but Scholz published a small commentary on the GmbH Act in 1947, which had four editions between 1947 and 1950. From 1950 Scholz was able to publish the 2nd and 3rd edition of his GmbH commentary, after his death the 4th edition in 1959/60 was revised by Wolfgang Hefermehl , while the 5th edition in 1964 was only a reprint with additions. Only after the reform of the GmbH law was a 6th new edition of the Scholz published in 1978 , initially in the form of several deliveries that had to be bound. In the meantime, the commentary has seen its 11th edition, now in three volumes with over 4,900 pages.

Honors

In 1953, in the year of his 80th birthday, Scholz received the Great Cross of Merit of the Federal Cross of Merit .

swell

• Otto Heydtmann: Senate President a. D. Go. Counselor Dr. Franz Scholz 80 years old , Neue Juristische Wochenschrift 1953, p. 1542

Individual evidence

1. ↑ Kürschner's German Scholars Calendar, 8th edition 1954, p. 2121 f
2. ↑ Archive of International Law Volume 7 1958/59, pp. 369–370
3. ^ Hans-Jürgen Mende: Lexicon of Berlin tombs . Haude & Spener, Berlin 2006. p. 83.