Thomas Lobinger

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Thomas Lobinger (born June 24, 1966 in Munich ) is a German legal scholar and professor of civil law, labor and commercial law at the Law Faculty of Heidelberg University .

career

Thomas Lobinger completed his Abitur in June 1985 at the Viscardi-Gymnasium Fürstenfeldbruck. From September 1985 to April 1987 he did his community service. He then took up law studies at the University of Tübingen , which he continued at times at the Free University of Berlin , before continuing in Tübingen and graduating in 1992. Since 1991 he has been sponsored by the German National Academic Foundation. On June 24, 1992, his 26th birthday, he passed the first state law examination in Tübingen. He then worked for two years as a full-time research assistant at Eduard Picker’s chair in Tübingen. Picker himself is a student of Werner Flume , to whose school Thomas Lobinger can also be counted.

After two years of legal clerkship at the Tübingen Regional Court, he passed the second state examination in Stuttgart. He then resumed his work at the Picker chair, where he also received his doctorate in February 1999. He then worked part-time for 14 months on parental leave. In 2003 he completed his habilitation and acquired the license to teach civil law , labor and commercial law , European private law and modern history of private law. After one-semester substitute professorship in Heidelberg and Bonn, he received a C 3 professorship for civil law at the University of Heidelberg in the winter semester of 2004/2005, where he has held the chair for civil law, labor and commercial law since 2006 (W 3). He turned down a call to the University of Osnabrück . In the summer semester of 2007 he completed a visiting professorship at the Andrássy University in Budapest. On January 14, 2014, he received the Ars-legendi Faculty Award for Law for his commitment to teaching and exam preparation. From the 2016/17 winter semester to the 2018 summer semester, Lobinger was Dean of the Heidelberg Faculty of Law .

Lobinger is married and has three children.

Memberships

Thomas Lobinger is a member of the following associations:

  • Civil Law Teachers Association
  • Association of Labor Law Teachers
  • Scientific Advisory Board of the Student Journal for Law (StudZR)
  • Scientific advisory board of the elsa group in Heidelberg
  • Study commission of the Law Faculty of Heidelberg University
  • Faculty representative for exam preparation at the Law Faculty of Heidelberg University

research

Thomas Lobinger's research focuses on questions of civil property law (books 1 - 3 of the BGB), taking into account European developments, labor law - especially issues relating to the labor constitution - as well as commercial law in its relation to general civil law.

Publications

Monographs

  • Legal obligation and autonomous binding - on the reasons for the creation of asset-increasing performance obligations in civil law, Tübingen: Mohr Siebeck 1999.
  • The limits of legal business performance obligations - At the same time a contribution to the need for correction of §§ 275, 311a, 313 BGB new version, Tübingen: Mohr Siebeck 2004.


Comments

  • §§ 346 - 354 BGB (modalities and consequences of withdrawal), in: Soergel, Bürgerliches Gesetzbuch, 13th edition 2010, Stuttgart u. a .: Kohlhammer 2010.


Essays and reviews

  • Basic Law and Quarter Parity, JA 1990, pp. 44–49.
  • The claim to the error surrogate according to § 281 BGB - BGHZ 114, 34 -, JuS 1993, pp. 453-460.
  • Private Autonomous Design or Valuation Pluralism as the Basis of Legal Relationships ?, in: Yearbook of young civil law scholars 1994, pp. 77–88.
  • Avoidance of errors and exclusion of rights of rejection, AcP 195 (1995), pp. 274–282.
  • Compensation for soil contamination caused through no fault of your own? - BGH, NJW 1996, 845 -, JuS 1997, pp. 981-984.
  • Comment on BAG, ruling v. June 3, 2003 - 1 AZR 349/02, in: AP No. 19 to § 77 BetrVG 1972 (tariff reservation), Bl. 7L - 10R.
  • On the dogmatics of the general right to cease and desist under works constitution law - A contribution to the connection between legal protection and assignment of rights in German and European labor law, ZfA 2004, pp. 101–181.
  • Labor dispute in the event of site closings and relocations ?, in: Rieble (Ed.), Future of Labor Disputes, Munich, 2005, pp. 55–90.
  • The enrichment compensation in the event of unauthorized letting and subletting (together with Jens Daniel Rau), StudZR 2005, pp. 579-591.
  • Strikes over company-related collective bargaining agreements when the employer is bound by collective bargaining agreements - On the rebirth of the “company-related collective bargaining policy” in the modern battle for locations, RdA 2006, pp. 12–22.
  • The individual legal foundation of the right to change operations - On the dogmatics of §§ 111 ff. BetrVG in the light of historical and community law considerations, ZfA 2006, pp. 173–221.
  • Comment on BGH, ruling v. March 16, 2006 - III ZR 152/05 (Liability of the subscriber for the unauthorized acceptance of collect calls by third parties), in: JZ 2006, pp. 1076-1080.
  • Freedom of contract and prohibition of discrimination - Freedom of contract in modern civil and labor law, in: Isensee (Ed.), Freedom of Contract and Discrimination, Berlin, 2007, pp. 99–180.
  • On the works council's right to cease and desist in the event of operational changes, in: Georg Annuß, Eduard Picker, Hellmut Wißmann (ed.), Festschrift for Reinhard Richardi on his 70th birthday, Munich 2007, pp. 657–678.
  • Homemade system losses: The German law of obligations reform and the consumer goods purchase directive, GPR 2008, pp. 262–278.
  • A lawyer of the century is a hundred: Werner Flume, ZJS 2008, pp. 675–680.
  • A lawyer of the century - On the death of Werner Flume on January 28, 2009, BRJ (Bonner Rechtsjournal) 2009, pp. 90–95.
  • The development of labor law literature in 2007, ZfA 2009, pp. 319–474.
  • Asset management obligations of works councils towards employees ?, in: Volker Rieble, Abbo Junker (Ed.), Arbeitsstrafrecht im Umbruch, Munich, 2009, pp. 101–125 (with contributions to the discussion on pp. 127–135).
  • Missing victims of discrimination, suing associations and questionable customer expectations, comment on the judgment of the European Court of Justice of July 10, 2008 - Feryn case, EuZA 2009, pp. 365–384.
  • Freedom of employment and competition as a limit to collective bargaining benefit regulations, NZA 2010, pp. 421–427 (together with Felix Hartmann ).
  • Simple differentiation clauses as a test of interest-based contract interpretation and consistent system formation, at the same time a discussion of the BAG judgment of March 18, 2009 - 4 AZR 64/08, RdA 2010, pp. 235–241 (together with Felix Hartmann).
  • Company alliances for work before the general terms and conditions control? At the same time to the applicability of § 310 Abs. 4 S. 1 u. 3 BGB on the so-called settlement agreement, in: Michael Martinek, Peter Rawert, Birgit Weitemeyer (eds.), Festschrift for Dieter Reuter's 70th birthday on October 16, 2010, Berlin / New York 2010, pp. 663–679.
  • On the 70th birthday of Eduard Picker, JZ 2010, pp. 1064-1065.
  • On the reversal between the lender and the entrepreneur in the event of the failure of related contracts, in: Thomas Lobinger, Reinhard Richardi, Jan Wilhelm (eds.), Festschrift for Eduard Picker on his 70th birthday, Tübingen 2010, pp. 575–618.
  • The lawyer of the century: Werner Flume. In: Stefan Grundmann , Karl Riesenhuber (Hrsg.): German-speaking civil law teachers of the 20th century in reports from their students, a history of ideas in individual presentations. Vol. 2, Berlin / New York 2010, pp. 323–336.
  • Systematic thinking in works constitution law, RdA 2011, pp. 76–92.


Editing

Individual evidence

  1. [1] Press release Uni Heidelberg from January 27, 2014
  2. ^ Faculty bodies of the Law Faculty of the University of Heidelberg , accessed on October 4th.

Web links