Herbert Schmidt (lawyer)

Herbert Schmidt (born October 31, 1906 in Leipzig , † December 29, 1985 in Nuremberg ) was a German lawyer and author of legal textbooks.

Legal activity

Herbert Schmidt was born the son of a businessman in Leipzig. After attending the humanistic König-Albert-Gymnasium , he studied law in Munich, Cologne and Leipzig. In 1933, Schmidt passed the assessor examination. He then worked as a judge in the Saxon judicial service until 1941. In 1936 he received his doctorate in Leipzig under Ernst Jaeger with a thesis on lien and confiscation rights. During his work as a judge, Schmidt was also seconded to the higher regional court in Dresden for one year . There he worked in the 14th civil senate, which was also the cost senate. At that time, one of the Senate members was Wilhelm Gerold . In 1941 Schmidt was called up for military service. After the end of the war, Schmidt initially returned to his old place of work at the district court in Reichenbach in the Vogtland region. After the American occupation troops withdrew, Schmidt was dismissed from the judiciary. In 1947 Schmidt and his family moved to Roding in Bavaria in the Upper Palatinate . There, Schmidt initially financed his livelihood with odd jobs, specialist publishing activities and vacation replacements. In 1950 he was accepted into the Bavarian judicial service, and in 1951 was appointed regional judge at the Nuremberg-Fürth regional court . In 1956 Schmidt moved to the Nuremberg Higher Regional Court , now as a higher regional judge. In 1965, as President of the Senate, he took over the 4th civil senate of the Nuremberg Higher Regional Court, which he led until his retirement in 1971. In addition, Schmidt was a member of the Bavarian Court of Honor for Lawyers from 1962 1971. From 1963, Schmidt worked for the German Bar Association as a lecturer in law on lawyers' fees.

Activity as an author

After Wilhelm Gerold's death in 1962, Schmidt took on the task of taking over his standard commentary on lawyer fees law. For the first time in 1967, Schmidt published the 3rd edition of the commentary on the then BRAGO known as Gerold / Schmidt . Overall, Schmidt was responsible up to the 8th edition of 1984. This comment is now in the 21st edition, now as an RVG comment and counts as a standard comment .

literature

Walter Rauer (Hrsg.): Festschrift for Herbert Schmidt reimbursement of costs and value in dispute. C. H. Beck, Munich 1981, ISBN 340608043X .

Web links

• Literature by and about Herbert Schmidt in the catalog of the German National Library