Franz Wieacker

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Franz Wieacker (born August 5, 1908 in Stargard , Pomerania ; † February 17, 1994 in Göttingen ) was a German private lawyer and legal historian .

Live and act

Göttingen memorial plaque for Franz Wieacker at the Michaelishaus

Wieacker's parents were Franz Wieacker, later President of the Stade Regional Court , and his wife Johanna, b. Ostendorf, from Schleswig . Wieacker attended a school in Weilburg and the Athenaeum in Stade . After graduating from the Ernestinum Celle , he studied law at the Eberhard Karls University of Tübingen . In 1926 he became a member of the Corps Rhenania Tübingen , to which he remained closely associated throughout his life. When he was inactive , he moved to the Ludwig Maximilians University in Munich and the Georg August University in Göttingen .

After the legal traineeship , he followed his teacher Fritz Pringsheim to the Albert Ludwig University of Freiburg in 1929 . In 1930 he received his doctorate with a thesis on problems of the sales law sunset clause for Dr. iur. From Pringsheim and Otto Lenel he learned a free legal character that revered classical jurisprudence. Even Joseph Partsch took effect on him. Since 1933 private lecturer, he taught for two semesters as a visiting lecturer at the Christian Albrechts University in Kiel . Your law faculty was to be expanded into a National Socialist model faculty. Wieacker also belongs to the environment of this Kiel school . He was a member of the NSDAP and the National Socialist German Lecturer Association . Furthermore, since 1937 he was a member of the National Socialist Academy for German Law founded by Hans Frank . He sat on the juvenile criminal law committee and took part in the Ritterbusch campaign during the Second World War .

The University of Leipzig appointed Wieacker as associate professor in 1937 and as full professor in 1939. After military service and a few months as a prisoner of war , he took on a teaching position in Göttingen in the winter semester of 1945. In 1948 he became a professor of Roman law, civil law and modern history of private law at the University of Freiburg. In 1953 he switched to a chair in Göttingen. There he retired in 1973. With a small telescope he indulged in astronomy . At the funeral service in the St. Nikolai Church in Göttingen on February 24, 1994, Lothar Perlitt and Okko Behrends gave funeral speeches .

In the post-war period Wieacker was one of the leading German legal scholars. Wieacker worked passionately in the field of the history of classical to late antique legal writings, the text levels of which he reconstructed. In 1960 he published his text Levels of Classical Jurists . Other important works include the history of private law of the modern age with special consideration of the German development (1952), which was for a long time the unsurpassed overall representation of the legal history discipline and the (unfinished) Roman legal history .


Wieacker was an honorary doctor from the Universities of Barcelona , Freiburg, Glasgow and Uppsala . In 1969 he was accepted into the order Pour le Mérite . He was also the bearer of the Great Cross of Merit of the Federal Republic of Germany with a star , the Great Cross of Merit of the Lower Saxony Order of Merit and holder of the Italian Premio Feltrinelli (1985). The city of Göttingen granted him honorary citizenship and honored him on his 100th birthday with a plaque at Michaelishaus , the former seat of Wieacker's Institute for Roman and Common Law, which was unveiled by Christine Langenfeld .

Fonts (selection)

  • Modern history of private law with a special focus on German developments. Vandenhoeck u. Ruprecht, Göttingen 1952, further ed. 1967, 1996, 2016.
  • Text levels of classic lawyers. Vandenhoeck u. Ruprecht, Göttingen 1960.
  • Small legal writings. A collection of civil law contributions from 1932–1986. Edited by Malte Diesselhorst, Schwartz, Göttingen 1988, ISBN 978-3-509-01480-8 .
  • Roman legal history. Source studies, legal education, jurisprudence and legal literature . 2 vols. (= Handbook of Classical Studies , Section 10, Part 3);
    • Section 1: Introduction, Source Studies, Early Period and Republic , Beck, Munich 1988, ISBN 978-3-406-32987-6 .
    • Section 2: Jurisprudence from the early Principate to the end of antiquity in the Western Roman Empire and Eastern Roman jurisprudence through to Justinian legislation. A fragment. From the estate of Franz Wieacker. Edited by Joseph Georg Wolf . With a bibliography by Ulrich Manthe. Among employees by Marius Bolten, Beck, Munich 2006, ISBN 978-3-406-33928-8 .
  • Civilist Writings (1934–1942). Edited by Christian Wollschläger . Klostermann, Frankfurt am Main 2000, ISBN 978-3-465-03110-9 .


  • Rainer Assmann : Franz Wieacker Rhenaniae Tübingen . In: Deutsche Corpszeitung. 1994, pp. 91-94.
  • Okko Behrends (ed.): Legal dogmatics and practical reason. Symposium on the 80th birthday of Franz Wieacker. Vandenhoeck u. Ruprecht, Göttingen 1989, ISBN 978-3-525-82465-8 .
  • Okko Behrends: Franz Wieacker August 5, 1908 - February 17, 1994 . In: Journal of the Savigny Foundation for Legal History , Romance Department 112 (1995), pp. XIII – LXII.
  • Okko Behrends, Eva Schumann (ed.): Franz Wieacker. Historian of modern private law. Wallstein-Verlag, Göttingen 2010, ISBN 978-3-8353-0763-6 .
  • Raoul C. van Caenegem : Legal historians I have known: a personal memoir. In: legal history. Journal of the Max Planck Institute for European Legal History 17 (2010), pp. 253–299.
  • Gabor Hamza: Memory of Franz Wieacker (1908–1994). In: Acta Facultatis Politico-iuridicae Universitatis Scientiarum Budapestinensis de Rolando Eötvös nominatae 34 (1993-94), pp. 119-121.
  • Gabor Hamza: Franz Wieacker (1908–1994). In: Annales Universitatis Scientiarum Budapestinensis de Rolando Eötvös nominatae. Sectio Juridica 36 (1995), pp. 165-168.
  • Hans-Ludwig Schreiber : In memoriam Franz Wieacker. Academic commemoration in Göttingen with greetings from Hans-Ludwig Schreiber and Ulrich Mölk, and commemorative remarks by Richard von Weizsäcker and Giovanni Pugliese, as well as the commemorative speech by Joseph Georg Wolf , Vandenhoeck u. Ruprecht, Göttingen 1995, ISBN 978-3-525-82644-7 .
  • Viktor Winkler: The fight against jurisprudence. Franz Wieacker's “History of Private Law in the Modern Age” and German Law of the 20th Century , Kovač, Hamburg 2014, ISBN 978-3-8300-7310-9 .
  • Joseph Georg Wolf : Franz Wieacker (August 5, 1908 - February 17, 1994). In: Stefan Grundmann (Ed.): German-speaking civil law teachers of the 20th century in reports from their students. A story of ideas in individual representations. Vol. 1, de Gruyter Recht, Berlin 2007, ISBN 978-3-11-097772-1 , pp. 73-86.

Web links


  1. Franz Wieacker: Solemne investidura de Doctor Honoris Causa al professor Franz Wieacker . Universitat de Barcelona, ​​1991, ISBN 978-84-7875-485-4 ( [accessed on March 28, 2018]).
  2. a b Deutsche Corpszeitung 1994.
  3. Civil law teacher of the 20th century .
  4. Kösener Corpslisten 1960, 128 , 835.
  5. ^ Elmar BundPringsheim, Fritz. In: New German Biography (NDB). Volume 20, Duncker & Humblot, Berlin 2001, ISBN 3-428-00201-6 , p. 728 f. ( Digitized version ).
  6. 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, here p. 23.
  7. ^ Konrad Krause: Alma mater Lipsiensis. History of the University of Leipzig from 1409 to the present. Leipziger Universitätsverlag, Leipzig 2003, p. 299 ( limited preview in the Google book search).
  8. Franz Wieacker in the professorial catalog of the University of Leipzig , accessed on July 22, 2015.
  9. ^ Ernst Klee : The dictionary of persons on the Third Reich. Who was what before and after 1945. Fischer Taschenbuch Verlag, Second updated edition, Frankfurt am Main 2005, ISBN 978-3-596-16048-8 , p. 675.
  10. ^ Michael Stolleis : History of Public Law in Germany. Volume 4, Beck, Munich 2012, p. 111 ( limited preview in the Google book search).
  11. Thümmler, Corpszeitung der Rhenania Tübingen , April 1994, p. 24.
  12. Commemorative speech by Joseph Georg Wolf: In Memoriam Franz Wieacker , Göttingen 1995 (= Göttinger Universitätsreden , Volume 90), p. 17 ff .; Joachim Rückert : History of private law as an apology of the lawyer. Franz Wiecker in memory . In: Quaderni Florentini 24, 1995, p. 531 ff .; Okko Behrends : ZRG (RA) 112, 1995, p. XIII.
  13. ^ Franz Wieacker: Roman legal history . 2 vol., Munich 1988–2006 (= Handbuch der Altertumswwissenschaft , 10, 3).
  14. Georg-August-Universität Göttingen: Unveiling of a memorial plaque for Franz Wieacker at the Michaelishaus , accessed on September 22, 2008.