Palandt

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The Palandt is a short comment on the German Civil Code (BGB) and some subsidiary laws named after Otto Palandt . The commentary, published annually for the first time in 1938 and in an updated edition since 1949, is one of the most important standard works of German jurisprudence and one of the constant tools of almost all lawyers in civil law . The Palandt is published by Verlag CHBeck as the 7th volume in Beck's short commentary series. In scientifically controversial individual questions, the Palandt often limits itself to the reproduction of case law and prevailing opinion , which takes into account its primary purpose as a one-volume manual for practitioners. The Palandt enables a quick insight into the respective field of law of interest, is very current and broad in content. On the other hand, as a short comment, due to its limited scope, it only offers a minimum amount of information, which is why it is often only sufficient for starting a case solution. In addition to its popularity due to its widespread use, it is considered the cornerstone of legal training and is approved in most federal states as an aid in the second state examination in law. Based on the scholastic rule “ quod non est in actis, non est in mundo ” (German: “what is not in the files, there is no”), the phrase quod non est in Palandto, non est in mundo, is jokingly circulating in legal circles .

Use of language

In order to be able to accommodate the enormous amount of information required for commenting on the BGB in just one volume - the 79th edition of Palandt has a volume of around 3400 pages in thin print and is at the limit of manageability - Palandt uses a special one Coding that assigns an abbreviation to almost every longer word.

example

Abbreviated formulation:

"Form requirement. He basically takes every change and every extension of the rental contract, if the contract (including the change) is to run for longer than a year (hM), [...] "

- 63rd edition, commentary on BGB § 550 Rn. 16

Wording written out:

"The formal requirement basically applies to every change and every extension of the lease if the contract (including the changes) is to run for longer than a year (according to the prevailing opinion), [...]"

The abbreviation of common terms is common in short comments. A special feature of Palandt is the increased use of these abbreviations. When quoting corresponding passages, the written wording is usually used.

History of origin

Predecessor of Palandt in the series Kurzkommentare, Volume 7, BGB, Loening - Basch - Straßmann, already taken over by Verlag CH Beck, approx. From 1933 (inside: Edition Verlag Otto Liebmann 1931).
Palandt, BGB, Beck'sche Kurzkommentare Volume 7, 7th edition 1949

The Palandt emerged during the Nazi dictatorship. The aim of the Nazi regime was to promote the distorted interpretation of the BGB in legal practice, which was shaped by National Socialist ideology, and at the same time to remove the influence of several BGB commentaries that had appeared before 1933, some of which were authors of Jewish origin. Beck's short comments were also based on Liebmann's pocket or short comments, founded by the Jewish lawyer Otto Liebmann . Volume 7, the explanations on the BGB , come from three Jewish lawyers ( Otto Loening , District Court Director in Berlin, and James Basch and Ernst Straßmann , both District Court Councilors in Berlin).

After the commentary had been rewritten by eight authors, Gustav Wilke , Franz Schlegelberger's personal advisor , died in a car accident in 1938 in a car accident . He was replaced by Otto Palandt , President of the Reich Judicial Examination Office and member of the Academy for German Law , who contributed the introductory texts of the first ten editions and, evidently, the general editorial team to the work that was henceforth named after him. The first edition, which appeared in 1939 with an edition of 5,000 copies, recorded “a success that is unique in the history of the legal publishing book trade.” The second edition followed in the same year.

After 1945, the Palandt was conceptually unchanged and continued without major changes in personnel; the many anti-Semitic and otherwise Nazi ideological passages were replaced by lapidary corrections in the first post-war editions. In the 4th edition of 1941 in the preliminary remark on the legal capacity granted in accordance with Section 1 of the German Civil Code (BGB), restrictions of the same

"Nat = soz legal conception of the diversity of people (especially their hereditary-biological differences, race, hereditary health)"

justified. In the 7th edition (first post-war edition from 1949), the preliminary remark before Section 1 BGB remains largely the same, only the restrictions are now justified as follows:

"[...] certain legal positions define a certain gender, a certain age, and earlier also z. B. membership in a guild [...] is expected. "

content

Content of the 79th edition (2020):

Editors (authors)

Current editor:

Resigned processors:

Renaming initiative

The naming of the legal commentary after the NSDAP official Palandt has been criticized by the Palandt Renaming initiative since mid-2017. She asks to change the title of the work. As alternative namesake Otto Liebmann as editor of the original short commentary and Otto Loening, James Basch and Ernst Straßmann as initial co-authors were suggested.

In response to the objections, Beck-Verlag has added a reference to the critical discourse about the person Otto Palandt and its propagation of an interpretation of the BGB in the sense of National Socialism in front of the list of those who have left the group since the 77th edition (2018). The Palandt homepage also contains a literature list with critical contributions to the beginnings of Palandt. However, the publisher is sticking to the name of the comment.

After the SPD announced in October 2018 that it would deal with the problem with the legal committee of the German Bundestag , the green justice ministers of Hamburg, Thuringia and Berlin asked Beck-Verlag to rename it.

The Working Group Critical lawyer * inside (AKJ) at the Ludwig Maximilian University of Munich has after publication of the 78th edition reinforces the deletion of Palandts name called early in 2020 as editor of the standard work. The AKJ activists in Munich recently drew attention to the problem and provided several copies of the BGB commentary in the library with an alternative envelope. Otto Liebmann was named on it as the editor.

There is similar criticism of the naming of Schönfelder and the commentary on the Basic Law Maunz / Dürig , which bears the name of the constitutional lawyer Theodor Maunz . He resigned as Bavarian Minister of Education in 1964 after his Nazi past became known, but published articles under a pseudonym in the right-wing national newspaper until his death in 1993 .

literature

  • Elena Barnert: From station to station. Note to Otto Palandt (umstr) and others on the occasion of his 130th birthday (with further references). In: Myops . 1/2007, pp. 56-68.
  • Elena Barnert: From station to station. Note to Otto Palandt (umstr) etc. Revised and expanded version. In: Festschrift for the 75th edition of the short commentary Palandt, Bürgerliches Gesetzbuch. CH Beck, Munich 2016 (supplement to the 75th edition).
  • Winfried Born, review of the 77th edition 2018 , NJW 2018, 359
  • Otto Palandt: Civil Code . CH Beck, 77th edition, Munich 2018, ISBN 978-3-406-71400-9 .
  • Thomas Pfeiffer, review of the 76th edition 2017. In: NJW , 2017, 2976
  • Hans Wrobel: Otto Palandt in memory of May 1, 1877 to December 3, 1951. In: Critical Justice . 1982, pp. 1-17.
  • Ullrich Krüger: Palandt - Debate stumbled . In: NJW aktuell . No. 18 , 2018, p. 14 .
  • Klaus W. Slapnicar: The Wilke, who was later called Palandt . In: New legal weekly . 2000, p. 1692-1699 .

Web links

Individual evidence

  1. ↑ a b Jonas Höltig: Palandt discussion: Who was Otto Liebmann? In: Legal Tribune Online . December 18, 2017 ( lto.de [accessed March 17, 2018]).
  2. ↑ a b Elena Barnert: From station to station. Note to Otto Palandt (umstr) and others on the occasion of his 130th birthday (with further references). In: myops . 1/2007, p. 56 ff. (P. 59).
  3. ^ Janwillem van de Loo: Renaming the Palandt - A contribution to the legal culture of remembrance in Germany. In: JZ . tape 72 , no. 17 , 2017, p. 827 ff .
  4. ↑ Martin Rath: Because of Nazi history: Rename Palandt? In: Legal Tribune Online . December 18, 2017 ( lto.de [accessed November 1, 2017]).
  5. ↑ Christoph Fuchs: Dispute about the Palandt: A Nazi is the namesake for a legal standard work to this day | BR.de . Ed .: Bayerischer Rundfunk. October 26, 2017 ( archive.org [accessed November 7, 2017]).
  6. ↑ Palandt Renaming Initiative: Alternatives. Retrieved November 1, 2017 (American English).
  7. ↑ Legal Tribune Online from October 24, 2018 lto.de
  8. ↑ Legal Tribune Online from October 30, 2018 lto.de
  9. ↑ a b Nazi lawyer on the cover , Jüdische Allgemeine, March 2, 2020. Retrieved March 2, 2020.
  10. ↑ Alexander Pyka: Nazi legacy lives on in German law to this day. In: world. March 5, 2013, accessed January 24, 2019 .
  11. ↑ Petition of the Week - Get rid of the Nazi lawyers. In: taz. October 20, 2017, accessed January 24, 2019 .