Gerhard Wesenberg

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Gerhard Wesenberg (born October 16, 1908 in Kolberg , † December 6, 1957 in Vienna ) was a German legal historian and legal scholar . He is an important representative of the modern history of private law .

Life

Gerhard Wesenberg was born in Kolberg, the son of the chief pensioner Franz Wesenberg. He spent his first youth and school days in Kolberg. The Kolberger Domgymnasium aroused in him a strong historical interest. He decided to study law, which he began at the University of Greifswald and continued in Rostock , Innsbruck , Göttingen and Königsberg , where he passed the first state legal examination in 1932. In Göttingen he attended a Romance seminar with Wolfgang Kunkel . He wrote his dissertation on Roman surety law in Königsberg with Alexander Beck . Second reviewer was Erich Genzmer . The doctorate took place in May 1935. In March 1936 Wesenberg passed the assessor exam . From 1936 until the end of the war he worked in state and private administrative bodies. In 1938 he attended Paul Koschaker's seminar in Berlin , and Hans Kreller's in Vienna . With excited by Koschaker investigation into contracts for third parties it acquired in late 1943 in Tübingen the degree of Dr. iur. habil . In Rostock he was appointed lecturer. In 1950 he became an adjunct professor in Kiel ; on March 1, 1956 he was appointed associate professor at the University of Vienna.

The investigation into "contracts in favor of third parties" is not limited to ancient Roman law, but deals with the dogmatic development in scholarly law of the Middle Ages, with glossators and commentators , in the Usus modernus pandectarum up to the 19th century. Furthermore, Wesenberg's studies on the constitutional law of the Roman Republic are important. His “Modern German Private Law History” is characterized by its dogma-historical sections.

Fonts

  • The coincidence in one person of main debt and surety debt in classical Roman law. Koenigsberg 1935.
  • Praetor maximus. In: Journal of the Savigny Foundation for Legal History . Romance Department. Vol. 65 (1948), p. 319 ff.
  • Contracts in favor of third parties (= research on Roman law. 2). Weimar 1949.
  • Edition: Legal methodology by Savigny . Stuttgart 1951.
  • On the treatment of the sentence “Alteri stipulari nemo potest” by the glossators. In: Festschrift Fritz Schulz . Volume 2. 1951, pp. 259-267.
  • Savigny as an interpolation researcher. In: Journal of the Savigny Foundation for Legal History. Romance Department. Vol. 69 (1952), pp. 439-448.
  • On the question of continuity between royal power and official power in Rome. In: Journal of the Savigny Foundation for Legal History. Romance Department. Vol. 70 (1953), pp. 58-92.
  • Changes in the assessment of the reception of Roman law. In: Researches and Advances. Vol. 27 (1953), pp. 46-48.
  • Recent German private law history in the context of European legal development. Lahr / Baden 1954. 2nd edition: Lahr 1969. 3rd edition: Lahr 1976. 4th edition: Vienna / Cologne 1985. From the 2nd edition reworked by Gunter Wesener .

literature

  • Wolfgang Kunkel : Obituary , in: Journal of the Savigny Foundation for Legal History , Romance Department 75 (1958) 507-513.
  • Fritz Schwarz : Obituary , in: IVRA. Rivista internazionale di diritto romano e antico 9 (1958) 150-151.

Individual evidence

  1. Registration of Gerhard Wesenberg in the Rostock matriculation portal

Web links