Friedrich Klein (legal scholar)

Friedrich Franz Klein (born July 10, 1908 in Bamberg , † March 25, 1974 in Marburg ) was a German legal scholar . He taught international law , constitutional law and administrative law including finance and tax law in Münster . He edited one of the first legal comments on the Basic Law of the Federal Republic of Germany .

Life

Growing up in Frankfurt am Main , Klein studied law there and in Munich from 1927 to 1931. After the first state examination , which Klein passed with the rating “good”, he initially stayed as an assistant to Friedrich Giese and Hermann Heller at the Frankfurt Faculty of Law. There he received his doctorate in 1934 under Giese on institutional guarantees and legal guarantees (with the title “magna cum laude”). After the assessor exam in 1935, he joined the Reich Finance Administration . At first he worked mainly in Leipzig and was promoted to government councilor in 1938 . In 1940 he was transferred to the Frankfurt Stock Exchange tax office . In 1939 he qualified as a professor with the work The indirect liability in international law , published in 1941 .

Klein had been a part-time lecturer at the University of Frankfurt since 1940 . During the Second World War he was drafted into the Wehrmacht in 1942 . In 1944 he was offered a professorship at the University of Münster to succeed Ottmar Bühler , but did not take up the chair during the war. Since he had been a member of the NSDAP since May 1, 1933 ( membership number 2.536.124), Klein was dismissed in October 1945, even before the university was reopened. Since the faculty was unable to find an adequate, politically unencumbered replacement, Klein received a provisional license to teach in November 1946. After his denazification , Klein was appointed full professor at the request of the faculty in 1950 with effect from September 1, 1951. His first assistant, doctoral student and habilitation student was Helmut Ridder .

Klein headed the Institute for Tax Law in Münster . He mainly dealt with questions of finance and tax law in connection with questions of constitutional law. Since 1946 he published the tax leaflet for university lecturers and wrote a fundamental essay on traffic taxes (1956). He was particularly concerned with cooperative law and was one of the directors of the Münster Institute for Cooperatives .

In the area of ​​international law, Klein dealt with the legal situation in Germany and the external violence of the Federal Republic of Germany . He published, among other things, on membership in the United Nations , constitutional law and the Ruhr Statute . He also took part in the discussions about the Eastern Treaty .

Klein's constitutional work is of particular importance. He edited the first major commentary on the Basic Law , founded by Hermann von Mangoldt , the third and last volume of which was only published posthumously . In addition, other works by him on questions of equal pay for men and women, the right to education , the problem of statutory ordinance , problems of the federal structure and the property law private benefit theory appeared .

Since 1950, Klein was a member of the Scientific Advisory Board of the Federal Ministry of Finance . In 1951 he became a board member of the Institute of Finance and Taxes in Bonn and director of studies at the Ostwestfalen-Lippe Administration Academy in Detmold . From 1953 to 1955 he was a member of the board of the Association of German Constitutional Law Teachers and from 1965 to 1967 chairman of the German Society for International Law . From 1965 to 1967 he was rector and from 1967 to 1969 as prorector of the Westphalian Wilhelms University.

In addition, Klein advised the members of the university association in tax matters and was involved in the finance committee of the West German Rectors' Conference . He advised the Confederation of Expellees and provided a large number of legal opinions for public institutions, for example in the “fight for the military contribution ” and in the dispute over the legal structure of the central bank system .

Fonts

• Institutional and legal institutions guarantees. Zugl .: Frankfurt, law. Diss. Marcus, Breslau 1934.
• The status of the Protectorate of Bohemia and Moravia under constitutional and international law. In: Archives of Public Law. 31 (1939/40), 1939, pp. 255-277.
• England and the principle of the political balance of power. In: Knowledge and Defense  : Monthly of the German Society for Defense Policy and Defense Sciences. 1940.
• On the position of the general government in the constitution of the Greater German Reich. In: Archives of Public Law. 32 (1940/41), 1940, pp. 227-267.
• Indirect liability in international law. The liability of a subject under international law for the behavior of another subject in violation of international law. V. Klostermann, Frankfurt am Main 1941.
• Tax fact sheet for university teachers. 1st edition. The source, Münster (Westphalia) 1946.
• The legal validity of the German-foreign double taxation agreements. In: Tax and Economy: StuW; Journal for the entire tax sciences. 24: 1947, pp. 185-218, 311-312 (1947).
• Membership in the United Nations. In: Archives of International Law: AVR. 1, No. 2, 1948, pp. 147-187.
• The occupation statute for Germany. In: Süddeutsche Juristen-Zeitung. 4, No. 11, 1949, pp. 737-753.
• New German constitutional law. Hirschgraben-Verl, Frankfurt am Main 1949.
• Legal opinion oath and affidavit in the tax investigation process. First. in the order d. Bremen Chamber of Commerce. Inst. "Finances and Taxes", Frankfurt am Main, Stock Exchange 1949.
• Bonn constitution and the rule of law. In: Journal for the entire political science: ZgS. 106, No. 3, 1950, pp. 390-411.
• The Ruhr Statute. Kohlhammer, Stuttgart 1950.
• Problems of the financial system according to the Bonn Basic Law. In: Steuerberater-Jahrbuch 1950: at the same time report on the II. Specialist Congress of Tax Consultants of the Federal Republic of Germany, Cologne, September 21 to 23, 1950. 1950, pp. 35–56.
• Legal opinion on the admissibility of the demand for so-called tax clearance certificates when public contracts are awarded. Inst. "Finances and Taxes", Frankfurt am Main, Stock Exchange 1950.
• The constitution of North Rhine-Westphalia. In: Law, State, Economy: Series of publications for further education in political science. 3 (1951), 1951, pp. 166-183.
• Limits of legal authorizations to issue tax ordinances. Institute "Finances and Taxes", Bonn am Rhein 1951.
• The transfer of legislative power in the rule of law. Discussion and results of a workshop. Frankfurt am Main 1952.
• Legal opinion on the compatibility of both the one-tier centralized and the two-tier decentralized construction of the central bank system with the Basic Law. Bonn 1952.
• On the question of emergency powers in the German-Allied treaties of May 26 and 27, 1952. Legal expert opinion. Münster / Westphalia 1952.
• (Ed.): Festschrift for Friedrich Giese. On his 70th birthday, August 17, 1952. Verlag Commentator, Frankfurt am Main 1953.
• Legal opinion on the compatibility of both the one-tier centralized and the two-tier decentralized construction of the central bank system with the Basic Law. 1953 approx.
• Investigations into the substantive jurisdiction of civil courts in the public sector. Kohlhammer, Stuttgart 1954.
• with Hermann von Mangoldt: The Bonn Basic Law. Comment. 2nd Edition. Vahlen, Berlin 1954ff.
• Bonn constitution and reunification of Germany. In: Research and reports from public law: Gedächtnisschrift für Walter Jellinek, July 12, 1885 - June 9, 1955. 1955, pp. 119–140.
• Traffic taxes. In: Handbook of Public Finance. 2 (1955), 1955, pp. 601-634.
• Christian and Church in the social world. On the position of Caritas in the field of tension between love and law. Lambertus, Freiburg / B. 1957.
• Public law cooperatives. In: Journal for the entire cooperative system: ZfgG; Organ for research and practice of cooperative cooperation. 7, No. 2/3 1957, pp. 145-157.
• Legal opinion on constitutional questions of the judgment of the Federal Labor Court of March 2, 1955 regarding equal pay for men and women. Right of release, Düsseldorf 1957.
• and Rudolf Pohle: Current problems of the cooperative system. Conference d. Research inst. f. Cooperative system to d. University of Vienna 1956. Vandenhoeck & Ruprecht, Göttingen 1957.
• Cooperative system and state constitutional law. CF Müller, Karlsruhe 1958.
• The right of the social-charitable work area. Legal forms and legal relationships of the sponsors of charitable institutions. Lambertus-Verlag, Freiburg im Breisgau 1959.
• Constitutional limits of community tasks. Duncker & Humblot, Berlin 1961.
• The European Convention on Human Rights and Article 25 of the Bonn Basic Law. In: Festschrift for Rudolf Laun on his eightieth birthday. 1962.
• with Fritz Fabricius: The right to education and its realization in the metropolitan area. Kohlhammer, Stuttgart 1969.
• Property retention, expropriation, socialization and public economy within the meaning of the Bonn Basic Law. Mohr, Tübingen 1972, ISBN 3-16-334021-0 .

literature

• Sebastian Felz: In the spirit of truth? Between science and politics. The Münster jurists from the Weimar Republic to the early Federal Republic. In: Hans-Ulrich Thamer , Daniel Droste, Sabine Happ (eds.): The University of Münster in National Socialism. Continuities and breaks between 1920 and 1960 (= publications of the Münster University Archives. Volume 5). Aschendorff, Münster 2012, Volume 1, pp. 347-412.
• Bodo Pieroth : From fellow traveler to protagonist: The constitutional lawyer Friedrich Klein (1908–1974). In: Thomas Hoeren (ed.): Münster law professors. 2nd Edition. Aschendorff, Münster 2015, ISBN 978-3-402-13027-8 , pp. 94–111.
• Dieter Wilke : Friedrich Klein †. In: Archives of Public Law . 99: 647-650 (1974).

Individual evidence

1. ↑ Bodo Pieroth: From Follower to Protagonist: The constitutional lawyer Friedrich Klein (1908–1974). In: Thomas Hoeren (ed.): Münster law professors. 2nd Edition. Aschendorff, Münster 2015, ISBN 978-3-402-13027-8 , p. 94 (98).
2. ↑ Bodo Pieroth: From Follower to Protagonist: The constitutional lawyer Friedrich Klein (1908–1974). In: Thomas Hoeren (ed.): Münster law professors. 2nd Edition. Aschendorff, Münster 2015, ISBN 978-3-402-13027-8 , p. 94 (98).
3. ^ Lieselotte Steveling: Lawyers in Münster. A contribution to the history of the law and political science faculty of the Westfälische Wilhelms-Universität Münster Westf. Lit, Münster 1999, ISBN 3-8258-4084-0 , p. 359.
4. ^ Lieselotte Steveling: From the history of the law faculty in Münster. In: Bernhard Großfeld (Ed.): Westphalian Jurisprudence. Contributions to German and European legal culture; Festschrift on the occasion of the 50th anniversary of the Legal Study Society Münster. Waxmann, Münster 2000, ISBN 3-89325-820-5 , pp. 547f.

predecessor	Office	successor
Heinz-Dietrich Wendland	Rector of the University of Münster 1965–1967	Bernhard Kötting