Werner Flume

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Werner Flume (born September 12, 1908 in Kamen ; † January 28, 2009 in Bonn ) was a German legal scholar and professor of Roman law , civil law , tax law and legal history . Flume significantly influenced the development of German law. He is therefore one of the most important lawyers of the 20th century.

Life

After graduating from high school in Hammonense in the Westphalian town of Hamm , Flume first studied history and ancient languages ​​in Tübingen from the summer semester of 1927 , but quickly switched to the law faculty after attending a lecture by Philipp Heck . In the winter semester of 1927/1928 he moved to the University of Bonn , where he finished his law studies, only interrupted by one semester in Berlin. Flume was particularly influenced by Fritz Schulz . In 1930 he passed the first state examination in law at the Cologne Higher Regional Court and received his doctorate in 1931 on the subject of studies on the accessibility of the Roman surety tipulations .

In 1932 he followed to Berlin as Fritz Schulz's assistant. It was there that he wrote the core of his book Property Error and Purchase . However, this should not appear until 1948 and was originally intended as the basis for his habilitation . After the National Socialists came to power, Flume declared in a meeting of assistants that anyone who now wanted to boycott Jewish professors was “a pig”. At the instigation of lecturer leader Gerd Voss , Flume waived the habilitation, although it was already registered. Flume left the university, completed his legal clerkship and finished it in 1936 with the second state examination in law. He then worked in a printing and publishing company, where he mainly studied tax and corporate law until he was drafted into the armed forces in the last years of the war. After the end of the war, Flume initially worked as a legal advisor in Dortmund before completing his habilitation in 1946 with Wolfgang Kunkel with the essay The Inheritance of Suspensively Conditional Obligations according to classical Roman law . In the same year he also began to publish in the Handelsblatt and from 1948 in the legal journal Der Betrieb on tax law and tax policy issues.

From 1948 he was initially active as a private lecturer in Bonn. In 1949 he became a full professor at the University of Göttingen , and from 1953 he was professor at the Institute for Roman Law and Comparative Legal History at the University of Bonn. There he initially held a chair for private and tax law and from 1957 took over the chair that his academic teacher Fritz Schulz had held before the era of National Socialism .

Since 1972 Flume was a full member of the class for humanities of the North Rhine-Westphalian Academy of Sciences and Arts . He was also a member of the Göttingen Academy of Sciences , the Bavarian Academy of Sciences and the British Academy . On January 19, 1982, Flume was the first lawyer to receive an honorary doctorate from the University of Regensburg .

plant

His most important work is the civil law - general part , published in three volumes . In this work he tries to develop the individual teachings of the general part from the idea of private autonomy with a consequence and assurance in the traditions of the historical school of law ( Friedrich Carl von Savigny , Bernhard Windscheid et al.), Which is otherwise unknown in German civil law . Generally speaking, Flume is seen as one of the most important German lawyers of the 20th century, who significantly influenced the development of civil law. Among other things, he developed the so-called group teaching in 1972, with which he established the (partial) legal capacity of society under civil law . 29 years later, the Federal Court of Justice also followed this doctrine in its decision of January 29, 2001 ( BGHZ 146, 341).

Flume refused to derive concrete private and tax law answers from evaluations of the Basic Law ; In his view, the acting individual is rather the pivot of the law in force. Jurists are not entitled to make social and economic policy decisions.

Flume's students include Professors Eduard Picker (Tübingen), Jan Wilhelm (Passau), Horst Heinrich Jakobs (Bonn) and Brigitte Knobbe-Keuk (†) (Bonn).

Publications (monographs - excerpt)

  • General part of civil law. (Vol. 1, part 1. The partnership, 1977; Vol. 1, part 2, The legal person, 1983; Vol. 2, The legal transaction, 4th edition 1992, ISBN 3-540-55211-1 ) Springer, Berlin 1992.
  • Collected Writings. ed. by Horst Heinrich Jakobs, Cologne, Schmidt, 1988-, ISBN 3-504-06008-5 .
  • Property mistake and purchase. Regensberg, Münster 1948.
  • Judges and law. Munich, 1967.
  • Legal act and legal relationship: Roman jurisprudence and modern legal thinking. , Paderborn, Munich, Vienna, Zurich. Schöningh, 1990, ISBN 3-506-73356-7 .
  • Studies on the accessibility of the Roman surety tipulations. Dissertation, Bonn 1931.
  • Taxation and legal system. , Cologne, Schmidt, 1986. ISBN 3-504-64200-9 .
  • Studies on the doctrine of unjust enrichment. Mohr Siebeck, Tübingen 2003, ISBN 3-16-147930-0 .
  • Festschrift for Alexander Knur . (Ed. With Richard Hamm), Munich 1972.
  • Festschrift for Kurt Ballerstedt on his 70th birthday on December 24, 1975 (Ed. With Peter Raisch et al.), Berlin, New York 1975.
  • Festschrift for FA Mann on his 70th birthday on August 11, 1977 (Ed. With Hugo J. Hahn), Munich 1977.
  • Memorandum for Brigitte Knobbe-Keuk. (with Horst Heinrich Jakobs), Cologne 1997.

literature

  • Horst Heinrich Jakobs et al. (Ed.): Festschrift for Werner Flume on his 70th birthday: September 12, 1978. 2 volumes, Schmidt, Cologne 1978.
  • Horst Heinrich Jakobs et al. (Ed.): Festgabe for Werner Flume on the 90th birthday. Springer, Berlin 1998, ISBN 3-540-64832-1 .
  • Jan Wilhelm : Werner Flume on his 95th birthday. In: Zeitschrift für Wirtschaftsrecht 2003, issue 37, p. 1691.
  • Heribert Prantl : … of a different opinion - Flume! In: Süddeutsche Zeitung of September 12, 2003.
  • Horst Heinrich Jakobs: Business foundations of the modern individual. For the civil lawyer Werner Flume on the hundredth birthday. In: Frankfurter Allgemeine Zeitung No. 213 of September 11, 2008, p. 36.
  • Wolfgang Ernst : Werner Flume on his 100th birthday. In: NJW 2008, p. 2760 f.
  • Hans Mundorf: The lawyer of the century. In: Handelsblatt of September 11, 2008 [1] .
  • Heribert Prantl : The Columbus of jurisprudence. In: Süddeutsche Zeitung of September 12, 2008.
  • Jan Wilhelm: “O! happy! Who can benefit from such gifts ”. In: Der Betrieb 2008, Issue 37, p. I [2]
  • Werner Flume celebrated 100th birthday. In: General-Anzeiger of September 16, 2008 [3]
  • Thomas Lobinger : A lawyer of the century is a hundred: Werner Flume. In: Journal for Legal Studies 2008, pp. 675–680 ( PDF ).
  • Reinhard Müller: Law and enmity on the law - On the death of Werner Flume, who was one hundred years old. In: Frankfurter Allgemeine Zeitung No. 27 v. February 2, 2009, p. 27.
  • Manfred Groh: Farewell to Werner Flume. In: Der Betrieb 2009, Heft 6, S. I [4] .
  • Benno Heussen : Memories of Werner Flume. In: NJW 2009, issue 12, pp. XVIII and XX.
  • Rainer Hüttemann : Werner Flume + In: NJW 2009, 820.
  • Horst Heinrich Jakobs: On the death of Werner Flume. In: Deutsche Juristen-Zeitung 2009, 406 f.
  • Gerhard Wagner : Foreword: On the 100th birthday of Werner Flume In: Archives for civilist practice 2009, 141 f. (followed by the contributions to the birthday symposium on September 12, 2008 at the University of Bonn).

Web links

Individual evidence

  1. ↑ See Feuerkopf senior ( Memento from February 1, 2009 in the Internet Archive ) - Obituary by Heribert Prantl at sueddeutsche.de, January 29, 2009 (accessed on January 29, 2009)
  2. ↑ Anna-Maria Countess von Lösch: The naked spirit. The law faculty of the Berlin University in the upheaval of 1933. Tübingen 1999, p. 232.
  3. ^ Horst-Heinrich Jakobs: Commemorative speeches for Frederick Alexander Mann, Brigitte Knobbe-Keuk, Werner Flume. Göttingen 2011, p. 81.
  4. ↑ Thomas Lobinger : A century lawyer is a hundred: Werner Flume. ZJS 2008, 675 (676).
  5. ^ North Rhine-Westphalian Academy of Sciences and Arts : Members of the class for the humanities ( Memento from August 25, 2007 in the Internet Archive )
personal data
SURNAME Flume, Werner
ALTERNATIVE NAMES Flume, Johannes Werner
BRIEF DESCRIPTION German lawyer
DATE OF BIRTH September 12, 1908
PLACE OF BIRTH Came
DATE OF DEATH January 28, 2009
Place of death Bonn