Max Pagenstecher

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Alexander Ludwig Maximilian "Max" Pagenstecher (born June 30, 1874 in Wiesbaden , † July 12, 1957 in Königstein im Taunus ) was a German law scholar and university professor .

Life

Max Pagenstecher was born on June 30, 1874 in Wiesbaden as the son of the ophthalmologist Hermann Pagenstecher. He was a nephew of Alexander Pagenstecher , the founder of the Wiesbaden ophthalmic institute. In 1893 he passed the final examination at the humanistic grammar school in Wiesbaden . He then studied law at the Universities of Freiburg and Marburg . In Freiburg he became a member of the Corps Hasso-Borussia in 1894 . In 1897 he passed the first exam. He received his doctorate from the University of Jena in 1898 and passed the second exam in 1902. He completed his habilitation at the University of Würzburg in 1905 with the text On the Teaching of Material Legal Force and stayed in Würzburg until 1909. Since that time he has been close friends with Albrecht Mendelssohn Bartholdy , who will continue to connect both of them until their time at the University of Hamburg .

He initially received a call to the University of Lausanne as an associate professor and one year later, in 1910, became a full professor there. In the same year he moved to the University of Halle-Wittenberg to the chair for civil litigation, bankruptcy law and German legal history. Because of the beginning of the First World War , he was unable to spend a research semester in France and Belgium as planned in the winter semester of 1914/15 . For this he was employed from 1915 in the political department of the General Government (press delegation) in Belgium. In 1917 he received a call to the University of Frankfurt , where he was supposed to set up a comparative law institute. His last station was the University of Hamburg, to which he moved in 1927 and remained until his retirement on April 1, 1939. He became a full professor of civil procedural law, bankruptcy law and civil law. In 1933 he became a Gaufach advisor in the National Socialist Teachers' Association , and in 1937 he joined the NSDAP . In November 1933 he signed the German professors' confession of Adolf Hitler . Pagenstecher died in 1957 in Königstein im Taunus .

plant

Pagenstecher initially devoted himself primarily to economic issues, bankruptcy law and comparative law . He helped international civil procedure law to break through as an independent discipline in Germany. Together with others he founded the Association of German Civil Litigation Teachers . Together with Albrecht Mendelssohn Bartholdy, he was co-founder of the Rheinische Zeitschrift für Zivil- und procedural law 1909 (from 1927 journal for foreign and international private law ) and co-editor of Civil Procedure Law of the Cultural States (1920) and the journal Judicium from 1928. Pagenstecher belonged to the academies of Mainz and Bologna.

His habilitation thesis on the doctrine of substantive legal force (1904) was devoted to the question of whether the legally binding factual judgment reshapes the material legal situation. Pagenstecher joined the so-called material legal force theory against Konrad Hellwig and Friedrich Stein , as it had already been established by Josef Kohler and Adolf Wach .

Fonts (selection)

  • On the doctrine of material legal force (1905).
  • Commentary on the Code of Civil Procedure (1929).
  • Bankruptcy: an introduction to its main problems with 78 teaching examples for young lawyers, auditors and merchants (1932)
  • The principle of unanimous decision-making in international private law. A contribution to the teaching of Renvoi (= treatises of the Academy of Sciences and Literature. Humanities and social science class. Born in 1951, Volume 5). Verlag der Wissenschaft und der Literatur in Mainz (commissioned by Franz Steiner Verlag, Wiesbaden).

Honors

  • Honorary Citizen University of Frankfurt

literature

Web links

Individual evidence

  1. Kösener Corpslisten 1930, 32 , 133