Theo Mayer-Maly

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Theo Mayer-Maly (born August 16, 1931 in Vienna ; † December 6, 2007 in Salzburg ) was a lawyer , legal historian and university professor .


Theo Mayer-Maly was born on August 16, 1931 in Vienna. His father Theodor Mayer-Maly was a judge and later head of the Vienna Public Prosecutor's Office .

Theo Mayer-Maly passed his Matura at the Realgymnasium Stubenbastei with distinction. At the University of Vienna his law teachers included Hans Kreller , Hans Planitz , Heinrich Demelius , Hans Schima and Alfred Verdroß . Mayer-Maly was very close to the Austrian Romanist Max Kaser until his death. On January 23, 1954, his excellent academic success was honored with a doctorate sub auspiciis . Theo Mayer-Maly was the first Austrian lawyer after 1945 to receive this honor. After completing his studies, he worked in the Vienna Chamber for workers and salaried employees in the field of social security law .

In 1956 , Theo Mayer-Maly completed his habilitation at the Vienna Faculty of Law with a thesis on the locatio conductio for Roman law . He then taught in Graz, where at the age of 25 he was appointed associate professor for Roman and social security law. In Graz he worked with Walter Wilburg , Franz Bydlinski and Gunter Wesener .

In 1959 Theo Mayer-Maly was appointed to Vienna. In addition to Roman law, he was responsible for labor and social law . He was instrumental in founding the Institute for Labor and Social Law. In 1962 Theo Mayer-Maly moved to a chair at the University of Cologne for labor law, civil law and Roman law. His successor in Vienna was Walter Selb , who also worked for Romance studies and social security law. In Cologne, Theo Mayer-Maly worked on comments on the German Civil Code and taught together with Hans Carl Nipperdey .

From 1966 Theo Mayer-Maly was professor at the then newly established Salzburg University . He dedicated his inaugural lecture in the winter semester of 1966/67 to the subject of “Legal Knowledge and the Flood of Laws”, and this lecture was published as an independent work.

Later calls to the universities of Vienna, Graz and Munich were unsuccessful. Theo Mayer-Maly taught civil law, labor law and Roman law at the University of Salzburg. He was honorary professor for legal philosophy at the University of Innsbruck .

In 1979 Theo Mayer-Maly became a corresponding member of the Austrian Academy of Sciences , from 1983 he was a full member.

He was the recipient of several honorary doctorates and in 1991 received the Wilhelm Hartel Prize , which the Austrian Academy of Sciences awards to scholars who work in Austria and who have achieved outstanding scientific achievements in the subjects represented by the academy's philosophical-historical class. Theo Mayer-Maly received the Görres Society's Ring of Honor (1989) and the Austrian Decoration for Science and Art (1994).

He is buried in the Aigen cemetery in Salzburg.



Theo Mayer-Maly has published more than 20 books and several hundred articles. The following quotations are a selection that describes his broad field of work.

In addition to his publications, Theo Mayer-Maly was consulted as an expert on legal issues. His reports were not always reflected in independent publications, but had an impact in practice and were cited in relevant contexts.

Publications on Roman law

  • Locatio conductio . An Inquiry into Classical Roman Law. Vienna-Munich 1956. Viennese legal history works 4.
  • The putative title problem with the Usucapio. Graz-Cologne 1962. Research on Roman law 15.
  • Civiliter at Celsus 5 Digest 8, 1, 9. In: Richard Gamauf (Ed.): Festschrift for Herbert Hausmaninger on his 70th birthday. Vienna 2006. ISBN 3-214-00086-1 .
  • Roman private law. Vienna 1991. In the second edition under Roman law. ISBN 3-211-83220-3 .
  • Biblical legal history. Böhlau, Vienna 2003. ISBN 3-205-77136-2 (on the New Testament).

Publications on applicable law

  • Are we dealing with social security? Extended reproduction of a lecture given on March 18, 1964 to the journalists' seminar of the Vienna Economic Society. Vienna 1964. Institute for Finance and Tax Law. Yellow Letters 28.
  • Legal knowledge and flood of laws. Salzburg 1969. In: Salzburger Universitätsschriften. DIKE publications on law and politics. Edited by René Marcic , Erhard Mock, Franz Martin Schmölz and Erika Weinzierl . Volume 6.
  • Workers and employees. Vienna-New York 1969. Labor and social law series of publications.
  • Construction industry and industry. Study carried out on behalf of the Association of Industrial Construction Companies Austria-VIBÖ. Vienna 1972.
  • Introduction to the general teachings of Austrian private law. Graz 1984.
  • Flood of laws and quality of law today. In: Dieter Wilke (Hrsg.): Festschrift for the 125th anniversary of the Legal Society in Berlin. de Gruyter, Berlin 1984. ISBN 3-11-009716-8 . Pp. 423-430.
  • Jurisprudence. 5th edition Munich, Vienna 1991.
  • Selected publications on labor law. Vienna 1991. ISBN 3-205-05399-0 .
  • Legal efficiency and legal culture. Vienna 1995. In: Wolfgang Mantl (Ed.): Efficiency of law production. Reduction of the regulatory density in an international comparison. Vienna 1995. Series of publications by the Center for Applied Political Research 7. ISBN 3-85436-166-1 .
  • Labor law and the 7th commandment. In: Johann J. Hagen et al. (Ed.): Querela iuris. Commemorative book for Eduard Rabofsky (1911–1994). Vienna 1996. ISBN 3-211-82787-0 .
  • Can majority do anything? In: Herbert Haller (Ed.): State and law. Festschrift for Günther Winkler. Vienna 1997. ISBN 3-211-83024-3 .
  • The development of the Austrian jurisprudence on the obligation to provide information to doctors and on medical liability. In: Theo Mayer-Maly et al. (Hrsg.): Medical duty to inform and liability. Vienna 1998. ISBN 3-211-83230-0 .
  • The meaning of prejudices under Liechtenstein law. In: Kurt Ebert (Ed.): Pro iustitia et scientia. Ceremony for the 80th birthday of Karl Kohlegger. Vienna 2001. ISBN 3-7046-1668-0 .
  • Biblical legal history. Vienna 2003. ISBN 3-205-77136-2 .


Web links

Individual evidence

  1. For example, an expert opinion on the possibility of waiving public law compensation for officials at social security agencies. In: Changes in social security law. Part B: Other changes, section “No waiver of functional compensation”. "Social Security" journal. Vienna 1994, p. 17.