Gottfried Baumgärtel

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Gottfried Baumgärtel (born September 24, 1920 in Leipzig ; † July 26, 1997 in Würzburg ) was a German lawyer and university professor .

Live and act

Baumgärtel, a son of the theologian Friedrich Baumgärtel , studied law in Göttingen , Berlin , Greifswald and Rostock . He passed his first state examination in 1940. After participating in the Second World War and being a prisoner of war, he completed his legal clerkship from 1948, which he completed in 1951 with the second state examination. In the same year he did his doctorate with the Erlangen legal historian and canon lawyer Hans Liermann on a legal history topic. He then became an assistant to the civil lawyer Rudolf Pohle and completed his habilitation in 1956 with the work “Essence and Concept of the Proceeding of a Party in Civil Proceedings”, the second edition of which appeared in 1972 and was translated into Japanese .

After completing his habilitation, he was initially represented at professorships in Marburg, Munich and Göttingen, before Baumgärtel was offered a professorship in civil law at the Philipps University of Marburg in 1960 . In 1966 he changed to the chair for German and foreign civil procedural law and civil law at the University of Cologne .

Baumgärtel's academic work comprises around 330 publications and is primarily dedicated to private law and civil procedural law , especially the law of evidence. His main work, the “Handbook of the Burden of Proof in Private Law”, was published in 1981 and will be continued after his death by Hans-Willi L Bäumen and Hanns Prütting . In the literature, Baumgärtel is recognized as the “burden of proof Pope”, who has also done “pioneering work” with his work on legal fact research in civil procedure law.

Baumgärtel cultivated diverse international research contacts. In 1984 he was awarded the Japanese Order of the Rising Sun for his services . The Japanese Keiō University in Tokyo (1977), the Belgian Vrije Universiteit Brussel (1982) and the Greek Aristotle University of Thessaloniki (1991) awarded him an honorary doctorate.

Works (selection)

  • The expert and judgment work of the Erlangen Faculty of Law in the first century of its existence , Erlangen 1951
  • Nature and concept of the litigation of a party in civil proceedings , 1st edition Berlin 1957, 2nd edition Cologne 1972
  • The civil procedure case , 1st edition Cologne 1965 to 8th edition Cologne 1995
  • Legal facts on the duration of the civil process (first instance): Model of law preparation using electronic data processing systems , ed. by Gottfried Baumgärtel and Peter Mes, Cologne 1971.
  • Equal access to justice for all. A basic problem of legal protection , Cologne 1976
  • Manual of the burden of proof in private law , 5 volumes, 1st edition Cologne 1981ff., 2nd edition Cologne 1991ff.

literature

  • Hanns Prütting: Gottfried Baumgärtel † . In: NJW 1997, p. 3221.
  • Hanns Prütting: Gottfried Baumgärtel on his 75th birthday . In: NJW 1995, p. 2537.
  • Hanns Prütting (Ed.): Festschrift for Gottlieb Baumgärtel on his 70th birthday . Cologne 1990 (with complete bibliography)

Web links

Individual evidence

  1. See Hanns Prütting: Gottfried Baumgärtel on his 75th birthday . In: NJW 1995, p. 2537.
  2. See Hanns Prütting: Gottfried Baumgärtel † . In: NJW 1997, p. 3221.