Otto von Gierke (1841 to 1921) was a German legal scholar and historian considered one of the most influential legal minds of his era, known for pioneering the study of associations and social groups within German law. His major works include the four-volume Das deutsche Genossenschaftsrecht, German Law of Associations, published between 1868 and 1913, and the three-volume Deutsches Privatrecht, German Private Law, published between 1895 and 1916. He was a prominent critic of the 1888 draft of the German Civil Code, arguing it was too individualistic and drew too heavily on Roman law at the expense of German legal tradition, famously writing that a drop of social oil had to seep through private law. His arguments influenced the revised code that took effect in 1900, and his theories on the social obligations of property ownership shaped Article 153 of the 1919 Weimar Constitution.
Facts
RoleLegal scholar and historian 1 Nationality / Jurisdiction BirthplaceStettin (Szczecin), Pomerania 1 Place of Death Classification
Field of Law Role
Role (category) FAQs
Why did Otto von Gierke criticize the first draft of the German civil code?
He saw it as individualistic and partly Roman in origin, at odds with German social traditions.
Gierke argued that the 1888 draft had been molded in an individualistic frame that was inconsistent with German social traditions, and he opposed it because parts of it were based on Roman law. He relied on ancient and medieval German laws to argue that the legal norms found in feudal contracts, town charters and guild patents amounted to a native Germanic legal tradition. The draft was revised to remove Roman law influences, and the German Civil Code came into effect in 1900.
How did Gierke's view of property ownership reach the Weimar Constitution?
His argument that ownership carries obligations was enshrined in Article 153 of the 1919 Weimar Constitution.
In 1905 Gierke criticized the unrestrained freedom given to property owners in section 903 of the German Civil Code, arguing that property ownership was subject to limitations because it confers powers bound by rights. His views on the social obligations of property were eventually enshrined in Article 153 of the 1919 Weimar Constitution, which stated that property ownership carries an obligation and that its use shall also serve the best interest of the community. The proposal for the constitution had been prepared by Hugo Preuss, a former student of Gierke.
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1. Wikipedia: Otto von Gierke
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Otto Friedrich von Gierke
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born Otto Friedrich Gierke
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legal scholar and historian
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German legal scholar
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11 January 1841
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In 1841 Otto Friedrich Gierke was born
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born in Stettin (Szczecin), Pomerania
Introduction
Otto Friedrich von Gierke, born Otto Friedrich Gierke (11 January 1841 - 10 October 1921), was a German legal scholar and historian.
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until his death in 1921
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Berlin, Weimar Republic
In Legal System: German Legal System, Wikipedia lead sentence
was a German legal scholar and historian
View the SourceWikidata: Otto von Gierke
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