Hermann Isay

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Hermann Isay (born September 7, 1873 in Berlin , † March 21, 1938 in Berlin) was a German lawyer.

Life

Isay was born as the son of the businessman Adolf Isay and his wife Jenny, b. Michaels, born in Berlin. The family moved to Trier in 1877. In 1891, Isay passed the matriculation examination at the Friedrich Wilhelm High School there. From 1892 to 1895 he studied in Strasbourg, Berlin and Bonn. In October 1895 Isay received his doctorate with a thesis on the "Concursus duarum causarum lucrativarum" in Erlangen. His treatise The Declaration of Will in the Facts of the Legal Transaction according to the Civil Code for the German Empire , published in 1899, is still famous among lawyers today for the case of the Trier wine auction, which is described in a few lines .

From 1901 to 1936 Hermann Isay was a lawyer and notary in Berlin and had a joint law firm with his brother Rudolf Isay and Eduard Reimer . In 1919 Isay completed his habilitation with the text Legal Thought and its Significance for the Education of the Technician and became a private lecturer and later associate professor for civil law, patent, design and trademark law at the Technical University of Berlin . He was a prominent representative of the Free Law School , to which Hermann Kantorowicz and Ernst Fuchs also belonged.

From his marriage to Lily, b. from the Baur, the son Wolfgang-Hermann emerged.

In the Nazi state , the Isay brothers were discriminated against and were banned from practicing because - although not religious - they were "racial" Jews by origin and thus for the authorities. In 1933 Hermann Isay's notary's office was withdrawn, and in 1934 he lost his professorship at the Technical University. Isay died on March 21, 1938 after a serious illness in Berlin. Günther Roßmanith quotes the former partner, Eduard Reimer, in his writings on legal history , who wrote in an obituary about Hermann Isay:

“As a person, Hermann Isay may have appeared harsh and inaccessible to one or the other. Anyone who knew him well noticed nothing of its harshness and inadequacy. However, Isay was not a friend of many words, and so the extraordinary instruction he gave to his closest colleagues and those who were distant lay not only in the instruction given in his writings, but above all in the example of the exemplary professional life. But more than that: those who were closer to him could find the warm sympathy for the personal affairs of life on the part of the almost overly busy man as particularly beneficial. "

Private library

Bookplate by Hermann Isay in a book from the holdings of the Württemberg State Library in Stuttgart

A book from Hermann Isay's private library was found in the holdings of the Württemberg State Library in Stuttgart while researching Nazi looted property .

Works (selection)

  • The Concursus duarum causarum lucrativum , dissertation, Erlangen 1895.
  • The declaration of intent in the fact of the legal transaction according to the Civil Code for the German Empire . Verlag von Gustav Fischer, Jena 1899 (= treatises on private law and civil litigation of the German Reich. Published in informal booklets by Dr. Otto Fischer , Professor of Law at the University of Breslau. Second volume, 2nd booklet ) archive.org
  • The management according to the civil code for the German Reich . Fischer, Jena 1900 (Treatises on private law and civil litigation in the German Empire; 6.1).
  • Patent law and law on the protection of utility models . Vahlen, Berlin 1903.
  • The jurisdiction in patent litigation . Vahlen, Berlin 1903.
  • together with Hermann Isay: General mining law for the Prussian states with special consideration of trade union law . Bensheimer, Mannheim a. a. 1919-1920.

literature

  • Günther Roßmanith: Sense of justice and decision-making. Hermann Isay (1873-1938). Berlin 1975.
  • Eduard Reimer : Hermann Isay, In memory of the day of his death, March 21, 1938 . Industrial property rights and copyright, 1948, page 59
  • Salomon Wininger : Great Jewish National Biography . Kraus Reprint, Nendeln 1979, ISBN 3-262-01204-1 (reprint of the Czernowitz edition 1925), Volume VII, p. 109
  • Joseph Walk (ed.): Short biographies on the history of the Jews 1918–1945. Edited by the Leo Baeck Institute, Jerusalem. Saur, Munich 1988, ISBN 3-598-10477-4 .
  • Franz Hederer: Hermann Isay (1873-1938) . In: Simon Apel, Louis Pahlow , Matthias Wießner (Hrsg.): Biographisches Handbuch des Intellectual Property . Mohr Siebeck, Tübingen 2017, pp. 150–154.

Web links

Wikisource: Hermann Isay  - Sources and full texts

Individual evidence

  1. Writings on legal history , No. 10, 1975