Herbert Hofmeister

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Herbert Xaver Victor Hofmeister (born October 20, 1945 in Munich ; † June 23, 1994 in Vienna ) was professor for Austrian and German legal history at the University of Vienna .

Life

Herbert Hofmeister was born on October 20, 1945 in Munich and received his school education in Vienna. After graduating from high school , he studied law at the University of Vienna. During this course of studies he was first a research assistant from October 1966, then one of the assistants to Professor Werner Ogris at the then Institute for Austrian and German Legal History at this university.

In 1967 he became a doctor of law and political science doctorate . The habilitation in 1973 was based on his work on the fundamentals of property acquisition in the development of Austrian private law. One of his colleagues at this institute was Wilhelm Brauneder . Herbert Hofmeister's license to teach as a university lecturer covered the areas of German law (= legal history) and Austrian constitutional and administrative history. According to the study regulations for lawyers at the time, these two subjects were among the core subjects of the first stage of study and the first state examination in law. Successful completion of the Rigorosum was also a prerequisite for the legal doctorate.

From April 1, 1981 Herbert Hofmeister was a professor at the law faculty in Vienna.

Herbert Hofmeister specialized in real estate and land registry law, developments in social security law and the history of private law in the course of his academic career . He gave over 70 lectures on these topics to the relevant specialist committees and interest groups.

Herbert Hofmeister's expertise was recognized in the jurisprudence. This was also expressed in the fact that he was not only quoted approvingly as the author of a work in a supreme court decision, but was also explicitly addressed. The Supreme Court had ruled in a ruling on the real estate lien "... There is nothing to add to Hofmeister's convincing statements, which the judging Senate follows." Herbert Hofmeister had earlier points of view a.o. a. further developed and specified by Demelius .

His undeniable successes were not enough to satisfy him. Herbert Hofmeister passed away voluntarily on June 23, 1994. The memorial, which was dedicated to the not yet 50-year-old, comprises over 700 pages with 43 contributions from his colleagues from Austria, Germany, Switzerland, the Czech Republic, Poland and Japan.

Works

Herbert Hofmeister's list of writings comprises pages 725–732 of the memorial.

  • The origin of the torture. In: Castles and Palaces. Year 1970. Pages 9–15.
  • State sovereignty and church reform. Austrian Archive for Canon Law. Born in 1972. Pages 245-272.
  • On the development of the acquisition of property in land and the land loan in Austria with special consideration of the influence of the Prussian legislation of 1872. In: Helmut Coing , Walter Wilhelm (Ed.): Science and Codification of Private Law in the 19th Century. Volume III. Frankfurt 1973. Pages 346-372.
  • The principles of property acquisition in the development of Austrian private law since the 18th century. Vienna 1977. ISBN 3-214-06244-1 .
  • The Hungarian Judex Curial Conference of 1861 from an Austrian perspective. Series of publications by the Institute of Legal History at the Eötvös Loránd University in Budapest . Budapest 1980. pp. 127-159.
  • The first social security laws. In: Theodor Tomandl : 100 years of social insurance in Austria. Series of publications by the Research Institute for Social Security at the Main Association of Austrian Social Insurance Institutions. Vienna 1988. No ISBN. Pages 3–12.
  • A century of social insurance in Austria. Berlin 1981. Series of publications for international and comparative social law Volume 6b.
  • The land registry change - consequences and experiences. Vienna 1982. ISBN 3-214-06950-0 . (in cooperation with Walter Rechberger and Friedrich Stefan)
  • Research volume Franz Klein . Contributions from the Franz Klein symposium on the 60th anniversary of his death. On behalf of the Vienna Legal History Society. Vienna 1988. ISBN 3-214-06003-1 . (as editor)
  • The associations in the Austrian social insurance. A historical overview from the beginning to the beginning of the activity of the main association of Austrian social insurance institutions. Series of publications by the Research Institute for Social Security at the Main Association of Austrian Social Insurance Institutions. Volume 10. Vienna 1989. No ISBN. Short version with the same title in: Festschrift 100 Years of Austrian Social Insurance. Published by the Federal Ministry of Labor and Social Affairs and the Main Association of Austrian Social Insurance Institutions, entrusted with the publication: Gert Rudolf. Vienna 1989. ISBN 3-85028-202-3 . Pages 217-234.
  • Commentary on §§ 825–858 ABGB . In: Michael Schwimann: Practical commentary on the ABGB . Volume 3. Vienna 1989.
  • Pro conservanda familiae at agnationis dignitate. The Liechtenstein family entails as the legal basis for family and property units. In: E. Oberhammer (Ed.): Praise and a mirror to the whole world. The Princely House of Liechtenstein in the early modern era. Vienna-Munich 1990. Pages 46-63. ISBN 3-486-55731-9 and ISBN 3-7028-0300-9 .
  • The Austrian-Sardinian copyright treaty of 1840. In: Robert Dittrich: The necessity of copyright protection in the light of its history. Austrian series for industrial property rights and copyright-ÖSGRUM Volume 9. Vienna 1991. Pages 239–251.
  • The modern land register. A comparative law study with special reference to the Austrian example. Series of publications by the Federal Ministry of Justice Volume 58. Vienna 1992. (together with Helmut Auer)
  • Social security law. In: Herbert Schambeck : Parliamentarism and public law in Austria. 2nd subband. Berlin 1993. Pages 1489-1573.
  • Comments on decisions in land register cases 1984–1994. Vienna 1995. ISBN 3-214-04613-6 .
  • Buildings on unfamiliar land: Buildings within the meaning of the Building Law Act and Superädifikate Wien 1996. ISBN 3-214-03631-9 . (with contributions by Ludwig Bittner).

literature

  • Werner Ogris, Walter Rechberger (Hrsg.): Gedächtnisschrift Herbert Hofmeister. Vienna 1996. ISBN 3-214-06131-3 .
  • Werner Ogris: Herbert Hofmeister †. Savigny-Zeitschrift für Rechtsgeschichte , German Department (SZGerm). Volume 113th year 1996. Pages 699-702.
  • Obituary Herbert Hofmeister. In: The press . June 29, 1994. page 24.
  • Obituary Herbert Hofmeister. In: Österreichische Notariats-Zeitung-NZ. Born in 1994. Page 145.

Web links

Individual evidence

  1. ↑ OGH November 24, 1992, 5 Ob 148/92 = Notariatszeitung-NZ 1993, page 86. In the legal information system of the Republic of Austria RIS for decision . Attention: The version of § 469a ABGB , which is concerned in this decision, is that of the Austrian Reichsgesetzblatt No. 69/1916, in force from January 1, 1917 to December 31, 1997.
personal data
SURNAME Hofmeister, Herbert
ALTERNATIVE NAMES Hofmeister, Herbert Xaver Victor (full name)
BRIEF DESCRIPTION Austrian lawyer, legal historian, civil lawyer
DATE OF BIRTH October 20, 1945
PLACE OF BIRTH Munich
DATE OF DEATH June 23, 1994
Place of death Vienna