Hans W. Fasching

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Hans W. Fasching (born June 5, 1923 in Erlach , Lower Austria ; † October 27, 2009 ; full name: Johann Josef Walter Fasching ) was an Austrian lawyer , judge and university professor .

Live and act

Fasching was born on June 5, 1923 in Erlach , Lower Austria . He graduated from a humanistic grammar school in Vienna in March 1941 . He studied at the University of Graz from 1946 and received his doctorate in law on February 7, 1949 ; In 1950 he obtained a doctorate in political science . After court practice and work as a trainee attorney , he entered the judicial preparatory service and was appointed judge in 1952 . As a judge he worked - among other things - at the registry office of the Supreme Court . In 1956, Fasching completed his habilitation - supervised by university professor Hans Schima - in the subject of civil court proceedings with the habilitation thesis "The procedure for determining marital and illegitimate descent". In 1962 he was appointed as an associate professor and in 1964 as a full professor in civil court proceedings at the University of Vienna . In the academic year 1971/72 Fasching was dean of the law faculty of the University of Vienna. He was the habilitation father of the university professors Wolfgang Jelinek (1972), Peter Böhm (1982), Andreas Konecny ​​(1992), Michael Bydlinski (1992) and Thomas Klicka (1994).

From 1958 to 1982, Fasching was Austria's permanent delegate to the Commission for International Law and Civil Procedure Law in the Union Internationale des Magistrat, as well as a member and - since 1974 - Chairman of the Association of Civil Procedure Law Teachers. The National and Kapodistrian University of Athens awarded Mardi Gras an honorary doctorate .

Hans W. Fasching was buried in the Gersthofer Friedhof in Vienna.

Publications

Editorial activity (together with Andreas Konecny)

  • Commentary on the civil procedure laws² I, EGJN, JN including EuGVÜ / LGVÜ (2000)
  • Commentary on the civil procedure laws² II / 1, EGZPO, §§ 1-73 ZPO (2002)
  • Commentary on the civil procedure laws² II / 2, §§ 74-225 ZPO including the State Act (2003)
  • Commentary on the civil procedure laws² III, §§ 226-460 ZPO (2004)
  • Commentary on the civil procedure laws² IV / 1, §§ 461-576 ZPO (2007)
  • Commentary on the civil procedure laws² IV / 2, §§ 577-618 ZPO (2007)
  • Commentary on the civil procedure laws² V / 1, EuGVVO EuBVO EuVTVO §§ 39, 39a JN §§ 63-73, 283, 291a-291c ZPO (2008)
  • Commentary on the Laws of Civil Procedure², Supplementary Volume Delivery Laws (2008)
  • Commentary on the civil procedure laws², V / 2, EuEheKindVO, EuMahnVO, EuZVO, EuUVO, Erg JN, ZusatzG (2010)
  • Commentary on the civil procedure laws², register volume: list of abbreviations, subject register (2011)

Books

  • The procedure for determining legitimate and illegitimate descent (1955).
  • Commentary on the Civil Procedure Laws. Large commentary in deliveries from April 1959. 4 volumes (1959–1971).
    • Volume I: Jurisdiktionsnorm including Introductory Act (1959);
    • Volume II: Introductory Act to the ZPO; §§ 1-225 ZPO (Introductory Act and §§ 1-170, 190 von Fasching; §§ 171-189, 191-225 von Neuwirth) (1962);
    • III. Volume: §§ 226-460 ZPO (1966);
    • Volume IV: §§ 461-602 ZPO; Final appendix (subsidiary laws); Register (1971);
    • Supplementary volume (procedural aid; legislative changes that have now taken place) (1974).
  • The limits of the binding of the civil court to the findings of the criminal court. Expert opinion for the Third Austrian Lawyers' Conference in 1967.
  • Problems of the Revision Procedure (1971).
  • Arbitration and arbitration proceedings in Austrian and international law (1973).
  • Bankruptcy, Compensation and Foreclosure in Municipalities (1983).
  • Textbook on Austrian Civil Procedure Law (1984); Textbook of Austrian Civil Procedure Law - Supplement (1987).
  • The new procedure in labor and social law matters; Publication series Niederösterreichische Juristische Gesellschaft 46 (1987).
  • Constitutional court organization. Expert opinion for the 10th Austrian Lawyers' Conference in 1988 (1988).
  • Textbook on Austrian Civil Procedure Law, 2nd edition (1990).
  • Commentary on the laws on civil procedure, 2nd edition, major commentary in delivery from 2000
    • Volume I: Introduction, EGJN (with the exception of Art IX);
    • Volume II, Volume 1: Introduction;
    • Volume III: Introduction, §§ 226 - 229, 411 (this together with Klicka);
    • Volume IV, Volume 1: Introduction.

literature

  • Holzhammer / Jelinek / Böhm (ed.): Festschrift Hans W. Fasching MANZ, Vienna 1988, ISBN 978-3-214-06112-8 .
  • Jelinek / Böhm / Konecny ​​/ Buchegger (eds.): Festgabe for Hans W. Fasching MANZ, Vienna 1993, ISBN 978-3-214-06117-3 .
  • Jelinek / Boehm / Konecny ​​/ Klicka / M. Bydlinski / Holzhammer: Hans W. Fasching 1923 - 2009 (obituary) In: ÖJZ 2009, 979, ISSN  0029-9251 .

Web links

personal data
SURNAME Carnival, Hans W.
ALTERNATIVE NAMES Fasching, Johann Josef Walter (full name)
BRIEF DESCRIPTION Austrian lawyer, judge and university professor
DATE OF BIRTH June 5, 1923
PLACE OF BIRTH Erlach
DATE OF DEATH October 27, 2009