Theodor Kipp

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Louis Theodor Kipp (born March 7, 1862 in Hanover , † July 24, 1931 in Ospedaletti ) was a German legal scholar .

Life

Kipp studied in Erlangen and received his doctorate there also to Dr. jur. After his habilitation at the University of Leipzig (1887), he became an associate professor of law at the University of Halle in the same year . In 1889 he moved to Kiel University , in 1893 to Erlangen University and in 1901 to Berlin University , where he was rector in 1914/15 . In 1930 he retired . 1929–1931 Kipp was chairman of the Legal Society in Berlin .

Theodor Kipp died in 1931 at the age of 69 and was buried in Cemetery I of the Jerusalem and New Churches in Berlin-Kreuzberg . The grave has not been preserved.

His son Karl Theodor Kipp (1896–1963) was also a lawyer and since 1932 a professor in Bonn.

Double effect in law

Kipp's merit is the discovery of the double effect in law , according to which an already void legal transaction is again due to z. B. fraudulent misrepresentation can be challenged. This construction, also known as Kipp's theory of double nullity , has the advantage that the contestant can put himself in a legally more advantageous situation through the contestation . So he can z. B. contest a loan contract that is void due to usury again for fraudulent deception in order to obtain a claim for damages against the deceiver.

The possibility of contesting legal transactions that were already void was not undisputed after the Civil Code came into force in 1900. His contemporaries saw the possibility of repealing void contracts again blocked by the codification of the BGB, since the legislature wanted to regulate two different legal institutions with nullity and contestation. The scholars of the time tried to make the abstract legal constructs more tangible with pictures. Many simply could not imagine that something trivial could be challenged. If you speak in pictures, you can think of a tree that has already been felled, which you should now cut down again. Or a burning house about to be set on fire. Such figurative considerations logically exclude a coexistence of nullity and contestability. What is no longer there can no longer be removed. (Or medically: what is no longer there can no longer hurt ).

The possibility of destroying void legal transactions again is actually only an outflow from Kipp's core thesis: two legal facts that have the same effect are compatible in their effectiveness . Thus, a legal transaction can also be challenged for various reasons for avoidance .

However, teaching also has its limits. The question is z. B. whether a club member who has declared his resignation can still be excluded from the club. Kipp himself limits his teaching here, as the association no longer has any power of disposal over the member after leaving and thus eliminates a double effect.

Publications

  • About double effects in law, especially about the competition between nullity and contestability , in: Festschrift of the Berlin Faculty of Law for Ferdinand von Martitz, Berlin 1911, pp. 211-233.

literature

Individual evidence

  1. ^ Presidents ( Memento of March 23, 2005 in the Internet Archive )
  2. ^ Hans-Jürgen Mende: Lexicon of Berlin burial places . Pharus-Plan, Berlin 2018, ISBN 978-3-86514-206-1 , p. 214.

Web links

Wikisource: Theodor Kipp  - Sources and full texts
personal data
SURNAME Kipp, Theodor
ALTERNATIVE NAMES Kipp, Louis Theodor (full name)
BRIEF DESCRIPTION German lawyer and university professor
DATE OF BIRTH March 7, 1862
PLACE OF BIRTH gain
DATE OF DEATH July 24, 1931
Place of death Ospedaletti