Werner Vogels (lawyer)

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Werner Matthias Vogels (* July 20, 1888 ; † March 6, 1942 in the Krimmler Tauern ) was a German lawyer in the civil service of the Weimar Republic , since 1927 as a ministerial advisor in the Reich Ministry of Justice . He is considered to be the author of the Reichserbhofgesetz and was a judge at the Reichserbhofgericht .

Life

After studying law, Vogels was awarded a Dr. iur. PhD. He was Catholic, married and had three children. In 1938 he drafted a will law , which he succeeded in spite of much resistance in the negotiations between the ministerial bureaucracy and the professors of law, who replaced the control necessary since the dissolution of parliament. The will law was incorporated into the civil code after 1945 as an integral part . With State Secretary Franz Schlegelberger he began a comment on the BGB in individual deliveries, which, however, remained incomplete. Vogels remained independent of the party until 1939, but had to join the party on December 1, 1939 in connection with his appointment as ministerial conductor. He was appointed to the preparatory commission for a new “ People's Code”, which was supposed to replace the BGB, but warned, according to his colleague Justus W. Hedemann from Berlin-Frohnau, “against too daring innovations”. He left a meeting of this commission “because the gentlemen had too little respect for the BGB”, he writes in his diary from 1942. Another member of the preparatory commission, Prof. Walter Schmidt-Rimpler (1885–1975), commercial lawyer in Bonn, said in 1952 to his student son: “What Werner Vogels z. B. created with the Erbhofgesetz, that was real jurisprudence and had nothing to do with Nazi ideology. Since there was no parliament - the 'Kroll Opera' was dissolved in 1933 - new laws were only negotiated in a dialogue between the ministerial bureaucracy and academia. The ministerial officials upheld the rule of law, the Nazis did not dare to touch this backbone of the state. ”As a statement by an unsuspecting contemporary witness, who also gives insight into the legal workshop of the time, this judgment has weight. On a skiing holiday between two business trips, he died on March 6, 1942 in the Krimmler Tauern. Parts of the Hereditary Court Act, such as the inheritance law, have been incorporated into the legislation of individual federal states.

Fonts

  • The attachment of mortgages. (Lawyer. Dissertation). Bonn 1913.
  • The Rhineland Agreement and the regulations of the High Commission in Coblenz. Trilingual text edition with explanations, together with Heinrich Vogels. Bonn 1920.
  • Reichserbhofgesetz (Reichserbhofgesetz) of September 29, 1933, together with implementing regulations of the Reich and the Länder. Vahlen Collection, 1st edition 1933, 2nd edition 1934, 4th edition 1937
  • Law on the establishment of wills and contracts of inheritance of July 31, 1938. 1st edition 1938, 2nd edition 1939, 3rd edition 1939, revised. by Karl Seybold, 4th ed. 1949, arr. by Karl Seybold.
  • Comparative order (from 1935). Commentary, 2nd ed. Edit. by Artur Nölte 1950.
  • Contract assistance and war settlement proceedings. Ordinances of. Nov. 30, 1939. together with Weitnauer Hermann, Rexrodt Ludwig, Berlin 1940.
  • Jurisprudence in hereditary farm matters. Decisions by the inheritance authorities and ordinary courts on Reicherbhof law. Edited by Werner Vogels (+) and Karl Hopp, loose-leaf collection, vol. 1, Berlin / Vienna 1942, foreword, Werner Vogels on memory.
  • Diaries 1933/34, 1938, 1941–42. A copy in the Deutsches Tagebucharchiv eV, Emmendingen.

Web links

Individual evidence

  1. Werner Schubert: Committees for settlement and bankruptcy law as well as for civil administration of justice - enforcement law (1934–1938): Addendum: Consultations on the immission control law in the land rights committee (1938). Peter Lang, 2008, ISBN 3-631-57245-X , Introduction XI. 
  2. Personal files in the Secret State Archives in Berlin-Dahlem
  3. ^ Letter of condolence dated March 17, 1942 to the Ministry of Justice
  4. ^ Diary entry from July 27, 1941
  5. The son's diary