Hans-Peter Schwintowski

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Hans-Peter Schwintowski (born September 23, 1947 in Bad Harzburg ) is a German legal scholar, author and university professor.

Vita

Schwintowski received his doctorate in 1982 and completed his habilitation in 1986 with Ulrich Immenga in Göttingen . Since 1993 he holds a chair in Civil Law , Commercial Law , Business Law and European Law at the Humboldt University in Berlin.

Schwintowski has been the chairman of the Scientific Advisory Board at the Association of Insureds since 1996 . In 2000 he was appointed managing director of the Institute for Energy and Competition Law in the Municipal Economy eV at the Humboldt University in Berlin. He is also the managing director of the Research Center for the Financing of Litigation and Co-Director of the Institute for Banking and Capital Markets Law at the Humboldt University in Berlin. From 2004 to 2010 he was also managing director of the Institute for New Old-Age Insurance Systems and Legal Biometrics.

Schwintowski is a member of the scientific advisory board of the Federal Association of Public Services - German section of the CEEP eV He belongs to the "Scientific Working Group for Bankgesellschaft Berlin" indicates a part of the initiative "Citizens against the bank scandal ." From 2005 to 2010 he was a member of the Insurance Advisory Board at the Federal Financial Supervisory Authority (BaFin).

Schwintowski was an expert in various legislative procedures, including the Financial Market Directive Implementation Act and the Act on the Modernization of Financial Supervision of Insurance. He was a member of the commission set up by the Federal Ministry of Justice to reform insurance contract law (VVG reform commission), which presented its final report on April 19, 2004.

He is the managing co-editor of the Zeitschrift für Neues Energierecht (ZNER), publisher of the journal of the Institute for Energy and Competition Law in the Municipal Economy (EWeRK) and co-editor of the magazine Consumer and Law (VuR). He also contributes to several comments and manuals. Among other things, he is (co-) editor and co-author of the "Practical Commentary on Insurance Contract Law" and the "Handbook on Energy Trading".

In 2006 Schwintowski first became a member of the WGF AG Supervisory Board . During his time as a member of the supervisory board, Schwintowski made positive comments about the bonds issued by WGF AG. During his time as chairman of the supervisory board, WGF AG went bankrupt.

Focus of work

Schwintowski's work focuses on energy law , private insurance law , banking and capital market law , competition and antitrust law , European business law , company and group law , commercial law as well as legal theory and comparative law . Some of the theses he has developed over the years and areas of law concern more contemporary claims settlement, advice that is appropriate for investors and property, more appropriate litigation financing and new social and pension systems.

Allegations of plagiarism

In a review of Schwintowski's textbook on legal methodology published in the legal journal Kritische Justiz , it was shown that Schwintowski had taken over several sentences from other authors without marking the quotations as such, but only referred to the sources at the end of the chapter have. The commission to review scientific misconduct of the Humboldt University came to the conclusion that there was a violation of the citation norm, but not plagiarism in the sense of the statutes on the principles of the Humboldt University of Berlin to ensure good scientific practice . The then HU President Christoph Markschies then publicly reprimanded Schwintowski - unlike the commission - for scientific misconduct. It is a violation of the scientific citation conventions set out in the statutes if verbatim quotations are not shown. Despite Schwintowski's scientific misconduct identified in this declaration, the President declared that no disciplinary or other sanctions would be imposed on Schwintowski.

In a public statement, Schwintowski explained the background to the creation of the book, dismissed some of the allegations as false and emphasized that there was no plagiarism in the sense of copyright. He referred to the popular scientific character of the book and admitted that he had acted wrongly, but without the intention of passing foreign thoughts off as one's own. He explained that the further distribution of the book could only take place with an errata list to mark every verbatim quotation. However, the publisher had already taken the book off the market before the then President of the HU had reprimanded scientific misconduct.

Schwintowski's attempt to prohibit the Frankfurter Allgemeine Zeitung from using the name plagiarist failed before the Berlin Regional Court.

After the German University Association , representing the interests of German university professors, initiated an exclusion procedure against Schwintowski over three years later, on June 28, 2010, Schwintowski voluntarily resigned from the association. In another statement from 2010, Schwintowski emphasized that he had "learned his lesson".

Fonts (selection)

  • The balancing clause in merger control. A comparative legal and analytical study of 24 para. 1 half. 2 GWB including the entire case practice of the Federal Cartel Office. Schwartz, Göttingen 1983, ISBN 3-509-01324-7 (dissertation, University of Göttingen, 1983).
  • The private insurance contract between law and the market. At the same time an analysis of the construction principles of the private insurance contract taking into account competition law and European law. Nomos, Baden-Baden 1987 (habilitation thesis, University of Göttingen, 1986).
  • Competition law (GWB / UWG) (= legal cases in question and answer. Vol. 22). Beck, Munich 1987; 5th edition: Competition and antitrust law. Beck, Munich 2012, ISBN 978-3-406-63268-6 .
  • Banking law (= legal cases in question and answer. Vol. 26). Beck, Munich 1994; 3rd edition: Banking and Capital Market Law. Beck, Munich 2011, ISBN 978-3-406-61647-1 .
  • Law and justice. An introduction to basic questions of law. Springer, Berlin 1996, ISBN 3-540-60426-X .
  • with Frank A. Schäfer: Banking Law. Heymanns, Cologne 1997; 4th edition (without co-author) 2014, ISBN 978-3-452-27768-8 .
  • Legal methodology (= UTB . Vol. 2636; UTB basics ). Verlag Recht und Wirtschaft, Stuttgart 2005, ISBN 3-8252-2636-0 ( removed from the market).
  • Berlin banking scandal - causes and what we could learn from it . In: Humboldt Forum Law . ISSN  1862-7617 , 2005, no . 7, p. 1.
  • with Ernst Bruckenberger and Siegfried Klaue : Hospital Markets Between Regulation and Competition. Springer, Berlin 2005, ISBN 3-540-30064-3 .
  • Doctorate for lawyers. Wissen-Kompakt, Frankfurt am Main 2015, ISBN 978-3-943082-10-4 (print), ISBN 978-3-943082-11-1 (e-book).
  • Powerlessness - values ​​and principles of an (apparently) powerless generation. Wissen-Kompakt, Frankfurt am Main 2015, ISBN 978-3-943082-20-3 (print), ISBN 978-3-943082-21-0 (e-book).

literature

  • Institute for Energy and Competition Law in the Local Economy V. (Ed.): Festgabe for Hans-Peter Schwintowski. (= Series of publications Institute for Energy and Competition Law in the Local Economy, Vol. 48). Nomos, Baden-Baden 2012, ISBN 978-3-8329-8003-0 .

Web links

Individual evidence

  1. ↑ Finance Committee of the German Bundestag - expert opinions on the Financial Market Directive Implementation Act. Archive of the public hearings in the 16th electoral term on the website of the German Bundestag , accessed on March 3, 2013.
  2. ↑ Finance Committee of the German Bundestag - expert opinions on the law on the modernization of financial supervision over insurance. ( Memento of the original from February 2, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed February 2, 2015.  @1@ 2Template: Webachiv / IABot / www.bundestag.de
  3. ^ VVG reform - expert opinions. on the website of the Hamburg Center for Insurance Sciences , accessed on October 16, 2012.
  4. ↑ Archive link ( Memento from January 4, 2015 in the Internet Archive )
  5. ↑ http://www.cash-online.de/immobilien/2010/gutachten-bescheinigt-wgf-hypothekenanleihe-eignung-fuer-sicherheitungsvermoegen/19282
  6. ↑ Norbert Schwaldt: housing bust: real estate group WGF has to file for bankruptcy. In: welt.de . December 11, 2012, accessed October 7, 2018 .
  7. ↑ Legal innovations (PDF; 262 kB) Overview of central theses and thoughts on the chair's website, March 16, 2012.
  8. ↑ Benjamin Lahusen: Golden Times. Comments on Hans-Peter Schwintowski, Legal Methodology. UTB basics law and economy 2005. (PDF; 416 kB) In: Kritische Justiz . 2006, vol. 4, pp. 398-417; see Hermann Horstkotte: Plagiarism allegation at the Humboldt University . In: Der Tagesspiegel. February 8, 2007, Prof. Dr. Hans-Peter Schwintowski from the HU Berlin under suspicion of plagiarism ( memento from September 29, 2007 in the Internet Archive ) on: referendare.net , February 13, 2007, and Jürgen Kaube : Another plagiarism: The high art of copying according to the latest status of legal methodology. In: FAZ. February 8, 2007, p. 40.
  9. ↑ Hermann Horstkotte: With strange feathers . In: Tagesspiegel. May 16, 2007.
  10. ^ Statement by HU President Christoph Markschies on scientific misconduct ( memento from December 19, 2011 in the Internet Archive ). Press / Public Relations Department, May 2, 2007.
  11. ↑ Hermann Horstkotte: A question of honor . In: Der Tagesspiegel. June 12, 2007.
  12. ↑ H.-P. Schwintowski: Plagiarism professors: The cavalier reads and remains silent in Spiegel-online about Schwintowski's "public statement" . July 19, 2007.
  13. ↑ a b H.-P. Schwintowski: Public statement on allegations of plagiarism by Volker Rieble and others. (PDF; 39 kB) July 7, 2010.
  14. ^ Günter Frankenberg: The low art of copying. In: FAZ. October 23, 2007.
  15. ↑ Knowledge: 'Copyists out!' ( Memento from December 13, 2014 in the Internet Archive ) In: Süddeutsche Zeitung. June 28, 2010.
  16. ↑ Can happen to anyone. In: Der Tagesspiegel. August 24, 2010.
  17. ↑ Jürgen Kaube: Berlin banking crisis: The Humboldt University and the embarrassing Schwintowski case . In: FAZ . No. 111, May 14, 2007, p. 40.
personal data
SURNAME Schwintowski, Hans-Peter
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH September 23, 1947
PLACE OF BIRTH Bad Harzburg