Hans Carl Nipperdey

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Hans Carl Nipperdey (born January 21, 1895 in Berka ; † November 21, 1968 in Cologne ) was professor of civil law , commercial and labor law in Jena and from 1925 in Cologne ; from 1954 to 1963 he was the first president of the Federal Labor Court in Kassel .

Life

Nipperdey attended school in Bad Berka and Jena. He graduated from high school in Weimar in 1913. From Easter 1913 he studied law, especially at the University of Jena (interrupted by voluntary participation in the First World War until December 1914). In June 1916 he passed the 1st state examination and immediately afterwards the Rigorosum . Without completing his legal clerkship, he went to Heinrich Lehmann and Justus W. Hedemann in Jena in 1919 to turn to the new business and labor law . In October 1920 he completed his habilitation in civil and commercial law. In 1924 he was appointed associate professor. In 1925 he was to Cologne appointed , where he succeeds the Chair of Heinrich Mitteis took. Nipperdey quickly became known in the legal field, the first legal articles appeared in 1926 and 1928. He stayed at the University of Cologne until 1963. He was dean three times - before 1933 and after 1945. He expanded the legal seminar and was instrumental in founding the institute for labor -, commercial and foreign law (1929) and social law (founded 1963) involved.

The time of National Socialism brought a career boost for him. He was not affected by the provisions of the “ Law for the Restoration of the Professional Civil Service ” because he “only” had a “Jewish great-grandmother”. He was able to continue teaching and was involved in National Socialist law. Nipperdey became a member of the Academy for German Law and participated in the war effort of the humanities during the Second World War . He was one of the leading legal scholars who pushed for the adaptation of labor law to the ideology of National Socialism. Nipperdey was a co-author of the "Arbeitsordnungsgesetzes" of 1934, the "core of National Socialist labor law". In his foreword he declared: “What is needed above all is the right attitude”.

In an opinion on the newspaper strike of 1952 against the passage of the Works Constitution Act , Nipperdey justified the right to compensation for companies on strike. He also enforced this view in 1958 as the presiding judge of the Federal Labor Court in the judgment against the fundamental strike of IG Metall on continued payment of wages in the event of illness as a judge's right (employers were granted 38 million Deutsche Mark in damages).

Nipperdey founded the Institute for Labor and Business Law at the University of Cologne , which is still part of the university's law faculty . He was the editor and author of important works in the field of labor law and general civil law . He also expressed himself in the area of fundamental rights , where, among other things, he represented the theory of the direct third-party effect of fundamental rights and was instrumental in the case law of the Federal Labor Court at the time. He was also known as the author of the textbook on the Civil Code , the Enneccerus / Nipperdey, founded by Ludwig Enneccerus and continued by him .

Already during Nipperdey's lifetime it was known that his journalistic productivity was also the result of an extraordinary demand from younger employees, whose work he published under his own name. Most of his post-war works that appeared under his name were not written by him. This manifested itself in the bon mot, which has been reported several times, that his gravestone will read: “This is where Professor Nipperdey rests - this time really himself.” He expressed himself in this direction in a letter: “I […] still don't know how I do the new edition of my Enneccerus should bring out despite some help from younger men. ”In the opinion of Klaus Adomeits , however, Nipperdey always had“ intellectual sovereignty ”over his publications.

Hans Carl Nipperdey family grave, Südfriedhof Cologne.

Hans Carl Nipperdey was the father of the historian Thomas Nipperdey and the theologian Dorothee Sölle . His grave is located in Cologne's southern cemetery .

Honors

  • Large Cross of Merit with star and shoulder ribbon of the Federal Republic of Germany
  • Honorary President of the International Society for Labor and Social Insurance Law
  • Honorary doctorate from the University of Madrid
  • Honorary doctorate from the University of São Paulo
  • Honorary doctorate from the Mannheim Business School
  • Member of the Academia Nazionale dei Lincei
  • Richard Strauss Medal from GEMA
  • Honorary member of the Legal Society in Kassel

Publications (excerpt)

  • With Alfred Hueck , Rolf Dietz : Commentary on the law on the organization of national work in public administrations and companies with its implementing regulations and the new working hours. Beck, Munich / Berlin 1934.
  • Roland Freisler , George Anton Löning and Hans Carl Nipperdey (eds.): Festschrift for Justus Wilhelm Hedemann on his sixtieth birthday on April 24, 1938. Jena 1938.
  • The duty of the follower to work. In: German labor law. Vol. 6 (1938), H. 7/8, pp. 186-190.
  • Alfred Hueck , Hans Carl Nipperdey, Rolf Dietz : Law for the Order of National Labor. Comment. 4th edition. Munich / Berlin 1943.
  • The claims for compensation for damage caused by the newspaper strike of the 27-29 March against the planned Works Constitution Act. May 1952. Legal opinion (= publication series of the Federal Association of German Employers' Associations . Vol. 9). Cologne 1953.
  • Social market economy and constitution. Heymann, Cologne 1961.
  • Fundamental rights and private law. Krefeld 1961.

literature

  • Klaus Adomeit : Hans Carl Nipperdey as a stimulus for a new foundation of legal thinking. In: Stefan Grundmann , Karl Riesenhuber (ed.): German-speaking civil law teachers in reports from their students. A story of ideas in individual representations. Volume 1, Berlin 2007, pp. 148-165.
  • Rolf Dietz , Alfred Hueck , Rudolf Reinhardt (eds.): Festschrift for Hans Carl Nipperdey: For his 60th birthday, January 21, 1955.Beck , Munich, 1955
  • Eckhard Hansen, Florian Tennstedt (Eds.) U. a .: Biographical lexicon on the history of German social policy from 1871 to 1945 . Volume 2: Social politicians in the Weimar Republic and during National Socialism 1919 to 1945. Kassel University Press, Kassel 2018, ISBN 978-3-7376-0474-1 , pp. 140–142 ( Online , PDF; 3.9 MB).
  • Wilhelm Herschel : Hans Carl Nipperdey: To the completion of his 70th year of life . In: Archive for Copyright, Film, Radio and Theater Law (UFITA) . tape 43 , 1964, pp. 257-259 .
  • Thorsten Hollstein: For the sake of freedom - the conception of basic rights by Hans Carl Nipperdey. In: Thomas Henne / Arne Riedlinger (ed.): The Lüth judgment from a (legal) historical perspective. The conflicts over Veit Harlan and the constitutional court's judicature on fundamental rights. Berlin 2005, pp. 249-269.
  • Thorsten Hollstein: The constitution as a “general part”. Private law method and conception of private law with Hans Carl Nipperdey (1895–1968). Mohr Siebeck, Tübingen 2007.
  • Dirk Neumann: Assistants from Nipperdey. In: Peter Hanau , Jens Thau, Harm Peter Westermann (eds.): Against the grain. Festschrift for Klaus Adomeit. Cologne 2008, pp. 517-520.
  • Georg Roeber: Hans Carl Nipperdey. In: Archive for Copyright, Film, Radio and Theater Law (UFITA). Volume 52, 1969, p. 1 f. (Obituary).
  • Joachim Rückert :  Nipperdey, Hans Carl. In: New German Biography (NDB). Volume 19, Duncker & Humblot, Berlin 1999, ISBN 3-428-00200-8 , pp. 280-282 ( digitized version ).
  • Bernd Rüthers : Beautified Stories - Gentle Biographies. Mohr Siebeck, Tübingen 2001.

Web links

Individual evidence

  1. ↑ Biographical information according to Joachim Rückert:  Nipperdey, Hans Carl. In: New German Biography (NDB). Volume 19, Duncker & Humblot, Berlin 1999, ISBN 3-428-00200-8 , pp. 280-282 ( digitized version ).
  2. ↑ a b Ernst Klee : The dictionary of persons on the Third Reich. Who was what before and after 1945. Fischer Taschenbuch Verlag, Second updated edition, Frankfurt am Main 2005, ISBN 978-3-596-16048-8 , p. 437.
  3. ^ Lutz Hachmeister : Schleyer. A German story. Beck, Munich 2004, ISBN 3-406-51863-X , p. 282.
  4. ^ BAG, judgment of October 31, 1958, Az. 1 AZR 632/57.
  5. ↑ More details from Manfred Rehbinder : Consumer protection remarks on the ghostwriter's copyright. In: Ivo Schwander et al. (Ed.), Festschrift for the 65th birthday of Mario M. Pedrazzini, Bern 1990, p. 651; s. also Neumann, in: FS Adomeit, p. 517 (518 f.).
  6. ↑ See Adomeit, in: Grundmann / Riesenhuber, p. 154; Dieter Leuze, The copyrights of the scientific staff. In: Commercial legal protection and copyright (GRUR). 2006, 552 with reference to Ludwig Gieseke, remarks on the naming of publications from universities. In: UFITA I / 2004, 5, 6.
  7. ↑ Quoted from Adomeit, in: Grundmann / Riesenhuber, p. 153.
  8. ^ Adomeit, in: Grundmann / Riesenhuber, p. 154.
  9. ^ Knerger.de: Grave of Hans Carl Nipperdey
personal data
SURNAME Nipperdey, Hans Carl
BRIEF DESCRIPTION German lawyer
DATE OF BIRTH January 21, 1895
PLACE OF BIRTH Bad Berka
DATE OF DEATH November 21, 1968
Place of death Cologne