Walter Schmidt-Rimpler

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Walter Schmidt-Rimpler (born November 25, 1885 in Marburg , † April 27, 1975 in Bonn ) was a German lawyer and university professor .

Life

Studies, habilitation and First World War

The son of the professor for ophthalmology Hermann Schmidt-Rimpler studied after the Abitur between 1904 and 1907 law at the Ruprecht-Karls-Universität Heidelberg , Ludwig-Maximilians-Universität München , Friedrich-Wilhelms-Universität zu Berlin and the Universität Halle . In 1907 he resigned his First State Examination and completed after his legal training at the District Court of Bad Lauchstädt , the Berlin District Court , prosecutor Berlin and a lawyer in Berlin and at the Naumburg Court .

In 1911 he received his doctorate with a thesis in legal philosophy with the title Property and easement: An introduction to an investigation into the easement of the owner for a doctorate in law at the University of Halle. He then worked for a private bank in Central Germany between January and April 1912 ; This activity was followed by an extended study visit to London .

In 1914 he completed his habilitation at the University of Halle with a habilitation thesis on the history of commission business in Germany . At the beginning of the First World War his draft took place, whereby he was initially determined to be unfit for military service . Nevertheless, he received military training in a replacement battalion and subsequently worked in the Prussian War Ministry in 1916 . After he was transferred there in 1917 to the War Resource Department headed by Colonel Joseph Koeth , he was promoted to deputy head of a section there shortly before the end of the war. After the First World War he was dismissed from the ministerial service at the end of 1918.

Teaching activities

Schmidt-Rimpler's teaching and work spanned 63 years and comprised four constitutional epochs: the Empire , the Weimar Republic , the time of National Socialism and the Federal Republic of Germany . At the beginning of 1919 he became a professor at the Albertus University in Königsberg , but in 1920 he accepted the position of full professor at the University of Rostock . From 1922 to 1937 he took over the chair for civil law , commercial and economic law and legal history at the Silesian Friedrich-Wilhelms-Universität zu Breslau , where Horst Bartholomeyczik and Stefan Riesenfeld were among his students. During this time he developed a theory of wealth creation from 1931, which he gradually refined. At the same time, along with Franz Helpenstein, J. Lindenbaum, Hans Möller and Walter Weddigen, he was among the critics of the definition of insurance established by Alfred Manes .

In 1937 he switched to the Berlin School of Economics as a professor , where he was also head of the Institute for Insurance Economics . During the National Socialist era , Schmidt-Rimpler was a member of the National Socialist German Lecturer Association (NSDDB), the National Socialist Legal Guardian Association (NSRB), the National Socialist People's Welfare Association (NSV) and the Reich Air Protection Association (RLB). He was not a party member of the NSDAP . In 1941 he wrote, among other things, an expert report for the Academy for German Law on the subject of freedom of contract . The substantive guarantee of correctness of the contract formulated by him here, which was based on the fact that the contract legitimized itself as an instrument for the organization of living conditions by creating a "correct", namely ethically just result as a balance of the parties' interests, protected at least the approach according to the Private autonomy and contradicted the claim of the National Socialist state to control all living conditions. It was later also the subject of legal debates such as in the BGB-General Part II by Werner Flume .

After the end of the Second World War he initially took over a professorship for Hans Schumann at the Westphalian Wilhelms University in Münster . During this substitution, he was commissioned in 1946 with a legal opinion on the dismissal of the Münster professor of business administration Hanns Linhardt in 1938 following a disciplinary measure by the NSDAP , in which Schmidt-Rimpler came to the conclusion that this dismissal was justified.

In 1946 he accepted a chair for civil, commercial, economic and insurance law at the Rheinische Friedrich-Wilhelms-Universität Bonn and taught there until his retirement . During this time he was, among other things, the doctoral supervisor of Fritz Rittner , who received his doctorate in 1956 with a thesis on exclusivity bindings.

Schmidt-Rimpler was a member of the Historical Commission for Silesia . In recognition of his achievements, the Bonn faculty dedicated the Destschrift to him in 1957 for the 70th birthday of Walter Schmidt-Rimpler.

Publications

Through his teaching activities, he mainly dealt with commercial, insurance and business law and published several specialist books. His most important publications include:

  • History of the Commission Business in Germany - The Period up to the End of the 15th Century (1915)
  • Insurance Industry and Insurance Law (1939)
  • The reciprocity in unilaterally conditional contracts, especially in the insurance contract: At the same time a contribution to the doctrine of Synallagma (1968)
  • To the contract problem . In: Functional change in private law institutions. Festschrift for Ludwig Raiser (1974)

Background literature

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Web links and sources

Individual evidence

  1. Hermann Butzer: foreign loads in social security: as a contribution to the constitutional requirements for social security . tape 72 . Mohr Siebeck, 2001, ISBN 3-16-147495-3 , p. 196 ( limited preview in Google Book Search [accessed January 8, 2017]).
  2. Meinrad Dreher: Insurance as a legal product: private insurance and its legal structure . Mohr Siebeck, Tübingen 1991, ISBN 3-16-145661-0 , p. 40 ( limited preview in Google Book Search [accessed January 8, 2017]).
  3. Hermann Butzer: foreign loads in social security: as a contribution to the constitutional requirements for Social Security , 2001, p 216th
  4. Hubert Bauriedl: The permissibility of the content control of state approved prices , Chapter 5, 1998
  5. ^ Lieselotte Steveling: Juristen in Münster: A contribution to the history of the law and political science faculty of the Westphalian Wilhelms University Münster / Westf . In: Contributions to the history of sociology . tape 10 . LIT Verlag Münster, 1999, ISBN 3-8258-4084-0 , p. 642 ( limited preview in Google Book Search [accessed January 8, 2017]).
  6. ^ Peter Mantel: Business Administration and National Socialism: An Institutional and Personal History Study . Springer-Verlag, 2009, ISBN 978-3-8349-1410-1 , pp. 485 ( limited preview in Google Book Search [accessed January 8, 2017]).
  7. ^ Fifty Years of the Historical Commission for Silesia . In: Yearbook of the Schlesische Friedrich-Wilhelms-Universität zu Breslau, Volume 17, 1972, list of members p. 415.
  8. ^ Fritz Baur, Josef Esser, Friedrich Kübler, Ludwig Raiser, Ernst Steindorff: Functional change in private law institutions: Festschrift for Ludwig Raiser on his 70th birthday . Mohr, Tübingen 1974, ISBN 3-16-636402-1 , p. 3 ff . ( limited preview in Google Book Search [accessed January 8, 2017]).