Georg Müller (judge)

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Karl Georg Müller (born December 30, 1868 in Krauschütz , † April 6, 1945 in Leipzig ) was a German judge.

Life

His ancestors were farmers. The son of a domain tenant and councilor went to school from 1882 to 1887 at the Royal Albert Gymnasium in Leipzig after taking private lessons . Then he studied law and political science in Strasbourg and Berlin. In 1890 he entered the civil service as a trainee lawyer. During his internship, he did his military service as a one-year volunteer in 1890/91. In 1895 he became a court assessor and worked in courts and in the Prussian Ministry of Justice. In 1900 he became a district judge in Eilenburg and in 1906 a district judge in Naumburg. From 1908 onwards, Müller worked as a higher regional judge at the higher regional court in Naumburg . During the First World War , he took part in the field artillery on the Eastern and Western Fronts as captain of the Landwehr. In 1917 he was given the title of Privy Councilor of Justice , and in 1922 he was appointed Reich Judicial Councilor. While he was at the Reichsgericht , Müller was a member of the 1st Civil Senate . One focus of his work was copyright, in the development of which he played a key role in the case law of the Imperial Court in the 1920s and 1930s.

In a judgment promulgated on June 27, 1936, Müller, as Reich judge, was the rapporteur in an appeal procedure by the Berlin film company UFA against a Swiss film company. The UFA sued for the repayment of an advance because a planned film - a film adaptation of Odysseus starring Hans Albers - was made by the Jewish director Erik Charell and they no longer believed it to be a success in National Socialist Germany. She invoked a termination clause "... for death, illness or a similar reason" - and got through with it. The reasoning for the judgment, which was subsequently published in the Juristische Wochenschrift , was momentous and prejudicial to German case law, insofar as it was questioned whether Jews should be regarded as legal subjects .

"If No. 6 of the manuscript contract of February 24, 1933 mentions that Charell" should not be able to carry out his directorial activity due to illness, death or a similar reason ", then a change that occurred from a legally recognized racial perspective is unobjectionable to be considered equal in the legal validity of the personality, provided that it prevents the execution of the directorial activity in a corresponding way, as death or illness would. "

- Judgment of the Reich Court of June 27, 1936)

"The" similar reason "was determined in it [in the grounds of the judgment] by a legal historical analogy of the existence of a Jew within the scope of the National Socialist racial legislation to" civil death "..."

On January 1, 1937, Müller resigned from active judicial service. On April 6, 1945 he was killed in an air raid on Leipzig .

Fonts

  • Paul Sattelmacher , floor plan comments BGB . 3rd book. Property law edited by Georg Müller. Berlin 1936.
  • The law in Goethe's Faust , Cologne 1912 and 1957.
  • State, people and law with Richard Wagner , Berlin-Grunewald 1934.
  • The new legal book of the Catholic Church , Langensalza 1928.
  • Law and State in Our Poetry , Hanover 1924.
  • Bismarck's Thoughts on the State , Hanover 1923.
  • The law with Richard Wagner , Berlin 1914.

literature

Individual evidence

  1. ^ Andreas Platthaus : No right for Jews . In: Frankfurter Allgemeine Zeitung of March 9, 2019, p. 9. Platthaus follows a lecture given by the Viennese historian Gerald Stourzh under the title "Because everything is not the same, what is human face" in session room IV of the Federal Administrative Court , the seat of former Reichsgericht, held on March 7, 2019. See also: Article in the Leipziger Internet newspaper
  2. ^ Daniel Thürer (Ed.) Publications of the Independent Expert Commission Switzerland, Second World War; Volume 2 of Switzerland, National Socialism and Law . Chronos, Zurich, 2001 ISBN 978-3-03400619-4 , p. 81.