Hans Brox

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Hans Brox (born August 9, 1920 in Dortmund ; † June 8, 2009 in Münster ) was a German civil law scholar and judge at the Federal Constitutional Court from 1967 to 1975 .

Life and work

Brox grew up in the north of the city of Dortmund in a religious family. First he began to study theology and philosophy for two semesters . He was then used as a medic in World War II and was seriously wounded. After the end of the war he switched to studying law. After legal training at the University of Bonn from 1945 to 1948 and his doctorate in 1949 (in criminal law), the second legal state examination followed in 1950 in Düsseldorf . After that, Brox first joined the judicial service of the state of North Rhine-Westphalia , where he was appointed higher regional judge at the higher regional court in Hamm in 1957 . At the same time, however, Brox was drawn to science: in 1959 he completed his habilitation at the University of Münster for civil law and civil procedural law with a six-month thesis entitled “Restricting the Contestation of Errors”.

Full professor

In 1961 Brox first became an associate professor at the University of Mainz ; In 1962 he accepted a call to a full professorship at the University of Münster. There he held a chair for civil law , commercial law , labor law and civil procedure law . Brox was retired in 1986 . Bernd Rüthers , Wilhelm Dütz , Wilfried Schlüter , Friedrich Jülicher and Wolf-Dietrich Walker are among his students .

Constitutional judge

From 1964 to 1994 he was a member of the Constitutional Court for the State of North Rhine-Westphalia . During his time at the State Constitutional Court , Brox was involved in important decisions relating to the local reorganization of North Rhine-Westphalia. From September 1, 1967 to November 7, 1975, he was a member of the First Senate of the Federal Constitutional Court due to his election by the Bundestag as the successor to Judge Herbert Scholtissek . At the Federal Constitutional Court, he participated in important decisions on university law , the reform of Section 218 of the Criminal Code and the equality of widows and widowers in social security law , and was also involved in the Mephisto decision . During his tenure at the Federal Constitutional Court, he did not draft any separate opinions . He rejected the proposed re-election. His successor at the Federal Constitutional Court was Judge Dietrich Katzenstein .

Textbooks

The textbooks written by Hans Brox on the general part of the BGB , on general and special law of obligations , inheritance law , enforcement law and labor law are each among the most successful and widely circulated legal textbooks. In his publications he covered the essential part of German civil law and was thus able to point out overarching connections.

watch TV

Brox was introduced to a wide audience as the standard legal authority in the ZDF programHow would you decide? " known.

Private

Hans Brox had lived in Münster with his wife since 1963.

Awards

Brox was the recipient of the Great Cross of Merit with Star and Shoulder Ribbon of the Order of Merit of the Federal Republic of Germany . This was awarded to him on October 22, 1975. The state of North Rhine-Westphalia awarded him the Order of Merit .

Since he personally and emphatically refused to do this, a commemorative publication was not published in his honor.

Publications (excerpt)

literature

  • The BVerfG. 2nd Edition. 1971, p. 215.
  • Bernd Rüthers : Hans Brox. Constitutional judge - university professor - author - person. In: Yearbook of Public Law of the Present. New series, Volume 59, Mohr Siebeck, Tübingen 2011, pp. 521-533.
  • Bernd Rüthers: Hans Brox as a method teacher. From interest to evaluation jurisprudence. In: Rechtsstheorie 41. Duncker & Humblot, Berlin 2010, pp. 141–150.
  • Wilfried Schlüter: Retired Federal Constitutional Judge Prof. Dr. Hans Brox. In: German-speaking civil law teachers of the 20th century in reports from their students. DeGruyter Recht, Berlin 2007, Volume 1, 341–353.
  • Friends of Law (Ed.): Schlaglichter 10. In memoriam Hans Brox. Munster 2010.

Web links

Individual evidence

  1. a b c Bernd Rüthers: Obituary. In: New legal weekly. 2009, p. 2106; also Bernd Rüthers: Obituary. In: Law of Labor. 2009, p. 326.
  2. ^ Wilfried Schlueter: Hans Brox on his 80th birthday. In: New legal weekly. 2000, p. 2330.
  3. Bernd Rüthers: Obituary. In: Law of Labor. 2009, p. 326.
  4. ^ Advertisement in: FAZ , June 12, 2009