Wilhelm Schaeffner

Wilhelm Peter Schaeffner (born January 29, 1815 in Frankfurt am Main ; † January 14, 1897 there ) was a German politician, lawyer, lawyer in Frankfurt am Main and one of the pioneers of modern conflict law science.

After studying law in Bonn and Heidelberg , where he received his doctorate in 1835, Schaeffner was admitted to practice as a lawyer in his hometown in 1836. Although the majority of his writers devoted himself to foreign law and legal history, Schaeffner gained academic fame through his work “ Development of International Private Law ”, published at the age of twenty-six , in which he first used the term “ international private law ” to describe the conflict of laws which has since established itself in non-American literature. Schaeffner, who, in the absence of positive laws, wanted to judge legal relationships according to the laws of the place "where they existed", replaced the traditional theory of statutes with the individual legal relationship "(for which Karl Friedrich von Savigny later determined the" seat "), "Already saw the essentials" and became one of the pioneers of modern IPR science.

On October 25, 1848, he was elected to the Constituent Assembly of the Free City of Frankfurt . In 1849 he renounced his mandate. From 1850 to 1851 he was a member of the Legislative Body .

literature

Jochen Lengemann : MdL Hessen. 1808-1996. Biographical index (= political and parliamentary history of the state of Hesse. Vol. 14 = publications of the Historical Commission for Hesse. Vol. 48, 7). Elwert, Marburg 1996, ISBN 3-7708-1071-6 , p. 324.

Individual evidence

↑ See the biographical note by Stefan Wagner, “Wilhelm Peter Schaeffner (1818–1897)” in: Praxis des Internationale Privat- und procedural law ( IPRax ) 1997, pp. 73 ff.
↑ See Wilhelm Schaeffner, George Crabb's History of English Law, Verlag Gustav Jonghans, Darmstadt 1839, as well as that, History of the legal constitution of France I - IV, Verlag Johann David Sauerländer, Frankfurt am Main 1845-1850.
↑ See Wilhelm Schaeffner, Roman law in Germany during the 12th and 12th centuries. 13th century, published by Theodor Blaesing, Erlangen 1859.
↑ See Wilhelm Schaeffner, Development of International Private Law, printed and published by Johann David Sauerländer, Frankfurt am Main 1841.
↑ This term was borrowed from the judge at the Supreme Court of the USA and professor at the Harvard Law School , Joseph Story and his "Commentaries on the Conflict of Laws", Boston 1834, according to which the jurisprudence of the conflict of laws could be described as "Private International Law" : " The jurisprudence, then, arising from the conflict of the laws of different nations (...) may be fitly denominated private international law (...)".
↑ Cf. also Thomas Hirse, The escape clause in international private law, Tübingen 2006, p. 153 ff.
↑ Cf. Gerhard Kegel , Story and Savigny, in: Festschrift of the Faculty of Law on the 600th anniversary of the University of Cologne (1988), pp. 65 ff. (89).
↑ Cf. Günter Herrmann , Johann Nikolaus Hert and the German Statutenlehre, Berlin 1963, p. 170 and Nikolaus Sandmann, Foundations and Influence of the International Private Law Doctrine of Carl Georg von Wächters (1797–1880), Münster 1979, p. 84, footnote 2 .

personal data
SURNAME	Schaeffner, Wilhelm
ALTERNATIVE NAMES	Schaeffner, Wilhelm Peter (full name)
BRIEF DESCRIPTION	German lawyer
DATE OF BIRTH	January 29, 1815
PLACE OF BIRTH	Frankfurt am Main
DATE OF DEATH	January 14, 1897
Place of death	Frankfurt am Main

[1] See the biographical note by Stefan Wagner, “Wilhelm Peter Schaeffner (1818–1897)” in: Praxis des Internationale Privat- und procedural law ( IPRax ) 1997, pp. 73 ff.

[2] See Wilhelm Schaeffner, George Crabb's History of English Law, Verlag Gustav Jonghans, Darmstadt 1839, as well as that, History of the legal constitution of France I - IV, Verlag Johann David Sauerländer, Frankfurt am Main 1845-1850.

[3] See Wilhelm Schaeffner, Roman law in Germany during the 12th and 12th centuries. 13th century, published by Theodor Blaesing, Erlangen 1859.

[4] See Wilhelm Schaeffner, Development of International Private Law, printed and published by Johann David Sauerländer, Frankfurt am Main 1841.

[5] This term was borrowed from the judge at the Supreme Court of the USA and professor at the Harvard Law School , Joseph Story and his "Commentaries on the Conflict of Laws", Boston 1834, according to which the jurisprudence of the conflict of laws could be described as "Private International Law" : " The jurisprudence, then, arising from the conflict of the laws of different nations (...) may be fitly denominated private international law (...)".

[6] Cf. also Thomas Hirse, The escape clause in international private law, Tübingen 2006, p. 153 ff.

[7] Cf. Gerhard Kegel , Story and Savigny, in: Festschrift of the Faculty of Law on the 600th anniversary of the University of Cologne (1988), pp. 65 ff. (89).

[8] Cf. Günter Herrmann , Johann Nikolaus Hert and the German Statutenlehre, Berlin 1963, p. 170 and Nikolaus Sandmann, Foundations and Influence of the International Private Law Doctrine of Carl Georg von Wächters (1797–1880), Münster 1979, p. 84, footnote 2 .