Karl August Bettermann

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Karl August Bettermann (born August 4, 1913 in Barmen ; † December 11, 2005 in Hamburg ) was a German lawyer who worked as a judge and university lecturer in both public law and civil law .

Life

Bettermann grew up in an old merchant family in Hagen . His parents were Carl Bettermann and Helene Bettermann geb. Pollmann. On the maternal side, he is the cousin of the pharmacologist Hermann Druckrey . He attended the humanistic high school in Hagen from 1923 to 1932.

After graduating from high school, he studied law at the Justus Liebig University in Giessen and the Westphalian Wilhelms University in Münster . In 1932 he became a member of the Corps Starkenburgia . 1937 doctorate he pouring in for Dr. iur. He dedicated the work to his "teacher and friend" Eduard Bötticher . After the first state examination in autumn 1939, he was drafted into the Wehrmacht's air intelligence service for almost six years .

After the Second World War he became a judge (especially for tenancy law ) at the Hagen district court in 1945 . In 1948 he completed his habilitation with a thesis supervised by Harry Westermann and Max Kaser at the Westfälische Wilhelms-Universität Münster for civil law and civil procedural law . He stayed in Münster until 1956 as a private lecturer and associate professor . Professor ; he also worked as a judge. Now he began to deal with public law . From 1950 to 1954 he worked as a judge at the Higher Administrative Court in Münster , where he was responsible for housing and civil service law. He then spent two years as a judge at the Federal Administrative Court in Berlin , where he was responsible for rental law and social law.

In 1956 he became o. Professor of Heads of State and Administrative Law at the Free University of Berlin . There he founded the Legal Society of Berlin , of which he was chairman in 1965/66. In 1970 he switched to the Hamburg chair for civil procedural law and general procedural law as the successor to his teacher and corps brother Eduard Bötticher . In 1978 he retired . His academic students included a. Arnulf Baring , Thomas Clemens , Konstantinos D. Kerameus , Hans-Jürgen Papier , Peter Raue , Wolf Jürgen Gaede , Bernd Rebe , Kersten Rosenau , Karl Albrecht Schachtschneider and Vasilios Skouris . He rated Trutz Graf Kerssenbrock's dissertation as unsatisfactory, which meant that Graf Kerssenbrock failed.

Every visitor to his house could read his motto ianua patet - cor magis when entering . In 1983 Detlef Merten described Bettermann as an arbiter elegantiarum in a tribute to his 75th birthday . In 1988 the Hamburger Übersee-Club framed the ceremonial presentation of the anthology Constitutional Law, Procedural Law, Civil Law with Bettermann's most important writings from four decades.

Honorary positions

He also held various positions as a judge. From 1962 to 1968 he was honorary chairman of the administrative court of the Evangelical Church of the Union in Berlin. From 1970 to 1976 he was a part-time judge at the Hanseatic Higher Regional Court in Hamburg . From 1971 to 1986 he was a member of the Hamburg constitutional court and deputy chairman of the judicial examination office at the Hamburg Higher Regional Court.

family

Bettermann was born in 1946 with Eleonore. Weber married and had five children. The son Peter Bettermann was spokesman for the Freudenberg Group from 1997 to 2012 .

The grave of Eleonore and Karl August Bettermann in the Buschey cemetery in Hagen.

Services

Due to his extensive work in the most diverse areas of law and in various positions, he has also decisively shaped the most diverse areas of law. He wrote papers on civil and civil procedural law, made important contributions to public housing law and participated in the development of administrative procedural law .

At the end of the 1950s he made an important contribution to constitutional law by editing the manual of the theory and practice of fundamental rights together with Hans Carl Nipperdey and Franz Neumann . Bettermann coined the term “ barriers ”, which has become established in German fundamental rights dogmatics to designate certain limits of the constitutionally permissible restriction of fundamental rights.

At the ceremony of the Kosen Congress in 1967 in Würzburg , he spoke about democracy and the elite . Even then, he considered the party democracy of the (West German) Federal Republic of Germany to be an oligarchy .

“The more our people develop into an affluent society, the more our social life and thinking materialize and the social prestige is linked to economic success, the more the corps should deepen their ideal content and profile their character as an ideal community. Just as the spirit is superior to matter, so are spiritual and ideal communities more effective and more promising than interest groups, property classes and economic groups. "

- Karl August Bettermann

Honors

Works

  • On acting as an agent , dissertation, Bochum 1937
  • Enforcement of the civil judgment within the limits of its legal force , Habilitation thesis, Münster, 1949
  • Housing law as an independent area of ​​law , Tübingen 1949
  • Lis pendens and legal protection , Detmold 1949
  • The fundamental rights. Handbook of Theory and Practice of Fundamental Rights ed. in connection with HC Nipperdey and FL Neumann., 4 volumes, Berlin 1958 to 1962
  • The judge as a civil servant , Hamburg 1967
  • Limits of Fundamental Rights , Berlin 1968
  • The total rule of law , Göttingen 1986
  • The Constitutional Interpretation - Limits and Dangers , Heidelberg 1986

Individual evidence

  1. ↑ Kösener Corpslisten 1996, 156 , 803
  2. ↑ Dissertation: From Deputy action
  3. ↑ Habilitation thesis: The enforcement of the civil judgment within the limits of its legal force
  4. ^ Legal Society of Berlin
  5. ↑ "The door is open, even more so the heart"
  6. ^ According to Klaus Stern : The constitutional law of the Federal Republic of Germany. Volume III / 2. CH Beck, Munich 1994, p. 711 first used by Bettermann in a lecture given to the Berlin Legal Society in 1964; first published in Bettermann: Limits of Basic Rights. Berlin 1968.
  7. ↑ Deutsche Corpszeitung, Volume 68, August 1967, pp. 153–159

literature

Web links

personal data
SURNAME Bettermann, Karl August
BRIEF DESCRIPTION German lawyer, judge and university professor
DATE OF BIRTH 4th August 1913
PLACE OF BIRTH Barmen
DATE OF DEATH December 11, 2005
Place of death Hamburg