Michael Martinek

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Michael Martinek (born October 5, 1950 in Büderich , today in Meerbusch ) is a German legal scholar and former university professor . From 1986 to 2019 he held the chair for civil law , commercial and economic law , comparative law and international private law at Saarland University .

Life

Martinek was born the son of a forwarding agent and grew up with his sister with their parents, first in Oberkassel and later in Osterath . After attending the Osterath elementary school, he switched to the Comenius-Gymnasium in Düsseldorf in 1961 , where he passed the humanistic Abitur in early 1969 . Martinek then completed an apprenticeship as a forwarding agent in his father's company, which he completed in the summer of 1971 as a clerk specializing in international forwarding. During the two-year apprenticeship he stayed in London , Birmingham , Paris and Milan and studied philosophy and history at the University of London for a semester . In 1971 he began studying law and ancient philosophy at the Free University of Berlin ; Martinek dropped out of the latter after six semesters so that he could concentrate more on his law studies. After nine semesters, he passed the first state law examination in Berlin in 1976 .

In January 1978, Martinek was at the Free University of Berlin to Dr. iur. doctorate, his dissertation "Representative Liability." suggested and supervised by Dieter Reuter . The organ liability according to § 31 BGB as a general principle of the liability of associations of persons for their representatives - A contribution to the system of culpability “was assessed with summa cum laude . He passed the second state law examination in December 1979 in Hamburg after completing his legal clerkship including the elective position at the Hanseatic Higher Regional Court . During his legal clerkship, Martinek completed two stays at the British Institute of International and Comparative Law in London, which were funded by the German Academic Exchange Service , as well as a semester at the University of Administrative Sciences Speyer . Martinek was born in Speyer in August 1981 with the dissertation supervised by Klaus König and rated magna cum laude “The administration of German development aid and its integration deficit. An administrative structure and functional analysis "to the Dr. rer. publ. PhD. Through his studies at New York University with a focus on corporations, competition law and private international law from 1981 to 1982, he obtained a Master of Comparative Jurisprudence (MCJ) and at the same time worked under Thomas M. Franck as an affiliate at the training and research institute of United Nations (UNITAR). From the beginning of 1981, with interruptions during his stay in the United States, Martinek worked as a civil servant university assistant at the chair of his doctoral supervisor Dieter Reuter, initially at the Eberhard Karls University in Tübingen and from 1985 at the Christian Albrechts University in Kiel . After completing his habilitation with his academic teacher with the thesis “ Franchising - Basics of the civil and competition law treatment of vertical group cooperation in the sale of goods and services”, Martinek was given the right to teach civil law, commercial and economic law, and comparative law on March 5, 1986 and bestowed private international law.

For the duration of the 1986 summer semester, Martinek took over a professorship in the field of antitrust law and commercial legal protection as a private lecturer at the Westphalian Wilhelms University in Münster . In the 1986/87 winter semester he accepted a position at Saarland University for the chair of civil law, commercial and economic law, comparative law and private international law. In favor of improved conditions in Saarbrücken, Martinek turned down calls to the universities of Erlangen-Nuremberg (1990) and Freiburg im Breisgau (1993). The university professor has also been director of the Institute for European Law at Saarland University since 1991 as successor to Günther Jahr , between 1995 and 1999 together with Filippo Ranieri and since 2008 as co-director with Tiziana Chiusi.

Since 1989 Martinek has more than 130 promotions and seven Habilitation looked to his students include the Chair Jürgen Oechsler , Stefan Haber Meier , Andreas Bergmann , Sebastian Omlor and Chen Weizuo.

The University of Warwick named the lawyer a Senior Visiting Fellow in 1998 . After several visiting professorships at the University of Johannesburg , Martinek was appointed Honorary Professor of Law in March 2006 and Distinguished Visiting Professor in 2015 . In civil law, he was involved for 25 years (until 2014) as the author and editor of the BGB-Großkommentar Staudinger .

Martinek's research focuses on German and European commercial and business law, in particular on modern contract types as well as distribution and banking law. In recent years he has increasingly turned to arbitration in international business matters.

Martinek has been married since 1985 and has two daughters. He devotes his free time to music, especially jazz music and beekeeping.

He retired at the end of the 2018/2019 winter semester.

honors and awards

Between 2002 and 2013 Martinek received honorary doctorates from the Zhongnan University of Economics and Law in Wuhan, China, and the Universities of Lille II (France), Craiova (Romania) and Warsaw (Poland).

Works (selection)

  • Representative Liability. The organ liability according to § 31 BGB as a general principle of the liability of associations of persons for their representatives - A contribution to the system of culpability. (=  Writings on Civil Law , Volume 53). Duncker & Humblot , Berlin 1979, ISBN 3-428-04420-7 (252 pages).
  • The administration of German development aid and its integration deficit. An administrative structure and functional analysis. Bock + Herchen Verlag, Bad Honnef 1981, ISBN 3-88347-080-5 (502 pages).
  • Unjust enrichment together with Dieter Reuter. Mohr, Tübingen 1983, ISBN 3-16-644711-3 .
  • International private antitrust law . Verlag Recht u. Wirtschaft, Heidelberg 1987, ISBN 3-8005-6782-2 .
  • Franchising . v. Decker, Heidelberg 1987, ISBN 3-7685-3486-3 .
  • Subcontracting contracts and quality assurance . Verl. Communication Forum Law, Economy, Taxes, Cologne 1991, ISBN 3-8145-0229-9 .
  • Modern contract types Volume I: Leasing and factoring . CH Beck, Munich 1991, ISBN 3-406-35022-4 .
  • Modern contract types Volume II: Franchising, know-how contracts, management and consulting contracts . CH Beck, Munich 1992, ISBN 3-406-35507-2 .
  • Current issues of distribution law . Verl. Communication Forum Law, Economy, Taxes, Cologne 1992, ISBN 3-8145-1189-1 .
  • Modern contract types Volume III: Computer contracts, credit card contracts and other modern contract types . CH Beck, Munich 1993, ISBN 3-406-37561-8 .
  • The EC antitrust position of German insurance brokers together with Jürgen Oechsler. Verl. Versicherungswirtschaft, Karlsruhe 1993, ISBN 3-88487-361-X .
  • The attribution of audience shares according to §§ 25 ff. Of the Interstate Broadcasting Agreement 1996 on the occasion of the license applications of Premiere-Medien-GmbH - & - Co-KG for approval for nationwide broadcasting of digital pay-TV programs . Jehle Rehm, Berlin 1998, ISBN 3-8073-1483-0 .
  • GmbH law in practice . Verl. For the legal and legal practice, Herne; Berlin 2000, ISBN 3-89655-039-X .
  • Media agencies and media discounts - media discounts between forwarding obligation and commercialization in the structural change of media agencies to media trading companies . CH Beck, Munich 2008, ISBN 978-3-406-57685-0 .
  • Commercial, corporate and securities law together with Andreas Bergmann. Müller, Heidelberg 2008, ISBN 978-3-8114-3454-7 .
  • Manual of leasing law together with Markus Stoffels and Susanne Wimmer-Leonhardt . CH Beck, Munich 2008, ISBN 978-3-406-56398-0 .
  • Handbook of Distribution Law together with Franz-Jörg Semler, Stefan Habermeier and Eckhardt Flohr. CH Beck, Munich 2016, ISBN 978-3-406-64261-6 .
  • Basic cases for the BGB for beginners together with Sebastian Omlor . CH Beck, Munich 2011, ISBN 978-3-406-62685-2 .
  • Basic cases for the BGB for advanced learners together with Sebastian Omlor. CH Beck, Munich 2011, ISBN 978-3-406-62686-9 .
  • Journal of Distribution Law . CH Beck, Munich, co-editor.
  • Handbook of banking law together with Sebastian Omlor. CH Beck, Munich 2016, commentary on credit card business, factoring, leasing, forfaiting and pool contracts.

Web links

Individual evidence

  1. ^ Chair of Prof. Martinek - News. Retrieved April 10, 2019 .