Otto Fischer (lawyer)

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Otto Fischer (born March 30, 1853 in Lüdenscheid , † December 1, 1929 in Breslau ) was a German judge and legal scholar . As a private and canon lawyer , he taught in Breslau.

Life

Fischer's parents were lawyer and notary Christian Fischer (1815-1900) and from Coesfeld native born Sophie Mersmann (1827-1903). After graduating from high school , influenced by his father and his own inclination, Fischer devoted himself to studying law at the University of Leipzig , the Rheinische Friedrich-Wilhelms-Universität Bonn , the Ruprecht-Karls-Universität Heidelberg and the Philipps-Universität Marburg . In Marburg he was in 1873 the state examination and received his doctorate he in 1875 to Dr. iur.

Memorial plaque in Greifswald

As a result, he initially worked in the judicial service of the Kingdom of Prussia , including as a district judge in Greifswald and as an assistant judge at the Stettin Higher Regional Court . After Fischer at the 1881 University of Greifswald for civil procedure and Prussian civil law habilitation had, he became an unpaid there in 1883 associate professor appointed. He remained in the judicial service until he was appointed to the chair of Roman law and civil procedural law in 1884 . In 1890 he followed the call of the Silesian Friedrich Wilhelms University in Breslau . For the academic year 1909/10 he was elected its rector . In his rector's speech on October 15, 1909, he dealt with the realities and appearances in legal life . In addition, from 1895 to 1918 he again exercised a judicial function as an academic adviser at the Higher Regional Court in Breslau .

Otto Fischer married Katharina Hörling (1853–1926) in Paderborn in 1878 , the daughter of the surgeon and director of the Provincial Midwifery Institute in Paderborn, Conrad Hörling . The couple had three daughters and two sons, including the lawyer and economist Otto Christian Fischer . Otto Fischer died in Breslau at the age of 76.

Act

Fischer's teaching and research areas mainly included civil law , canon law and Roman law, but especially the Roman civil process. In his practice-oriented activity Otto Fischer preferred the literary genre of commentary. In his numerous dogmatic works, in addition to textbook presentations, he mainly dealt with basic questions of civil procedure law. In the area of ​​legal history he made contributions to Prussian legal history. In addition, he developed extensive expertise .

Methodically, Fischer emerged from the school of pandect science in its late form, which was shaped by Bernhard Windscheid , without falling one-sidedly into the terminological jurisprudence of pandectism, which his eminently practical sense prevented him from doing. Fischer, too, was caught up in the prevailing positivism of his time, at best tempered in the extreme consequences by his strict Catholicism . In political terms, Otto Fischer was a supporter of authoritarian thinking. As a result, he was in principle sharply opposed to parliamentary democracy and the Weimar Constitution .

Works (selection)

  • with Johannes Krech: Commentary on the Prussian law regarding foreclosure on immovable property , 1884; 3rd edition 1894
  • Textbook of Prussian Private Law , 1887
  • with Wilhelm von Henle and others: Bürgerliches Gesetzbuch, hand edition , 1896; 14th edition 1932, ed. by Heinrich Titze
  • Textbook on German civil procedure and bankruptcy law , 1918
  • Autobiography , in: The legal science of the present in self-presentation I , 1924, page 124 ff, with catalog raisonné

Individual evidence

  1. ↑ Dissertation: About the applicability of the Actio Pauliana to payment, surrender to payment instead and deposit
  2. ↑ Rector's speeches (HKM)

literature

Web links

personal data
SURNAME Fischer, Otto
BRIEF DESCRIPTION German judge and jurist; University professor and rector in Wroclaw
DATE OF BIRTH March 30, 1853
PLACE OF BIRTH Ludenscheid
DATE OF DEATH December 1, 1929
Place of death Wroclaw