Bernhard Windscheid
Encyclopedia
Bernhard Windscheid was a German
jurist
and a member of the pandectistic school of law thought. He became famous with his essay on the legal concept of action, which sparkled a debate with Theodor Muther that is said to have initiated the studies of the processal law as we know it today.
Windscheid's thesis established the modern German law concept of Anspruch (roughly, a legally enforceable claim), distinguishing it from the Roman law
concept of actio. His principal work was his Lehrbuch des Pandektenrechts, and this was the main source of inspiration for the German Civil Code BGB. Between 1873 and 1883, Windschied took part in the commission in charge of the drafting of the German Civil Code.
Additionally, Windschied worked as a teacher at several universities in Germany and Switzerland, including Basel
,
Greifswald, München, Heidelberg, and Leipzig
.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
and a member of the pandectistic school of law thought. He became famous with his essay on the legal concept of action, which sparkled a debate with Theodor Muther that is said to have initiated the studies of the processal law as we know it today.
Windscheid's thesis established the modern German law concept of Anspruch (roughly, a legally enforceable claim), distinguishing it from the Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
concept of actio. His principal work was his Lehrbuch des Pandektenrechts, and this was the main source of inspiration for the German Civil Code BGB. Between 1873 and 1883, Windschied took part in the commission in charge of the drafting of the German Civil Code.
Additionally, Windschied worked as a teacher at several universities in Germany and Switzerland, including Basel
University of Basel
The University of Basel is located in Basel, Switzerland, and is considered to be one of leading universities in the country...
,
Greifswald, München, Heidelberg, and Leipzig
University of Leipzig
The University of Leipzig , located in Leipzig in the Free State of Saxony, Germany, is one of the oldest universities in the world and the second-oldest university in Germany...
.
Main Works
- Zur Lehre des Code Napoleon von der Ungültigkeit der Rechtsgeschäfte, DüsseldorfDüsseldorfDüsseldorf is the capital city of the German state of North Rhine-Westphalia and centre of the Rhine-Ruhr metropolitan region.Düsseldorf is an important international business and financial centre and renowned for its fashion and trade fairs. Located centrally within the European Megalopolis, the...
1847. (http://dlib-pr.mpier.mpg.de/m/kleioc/0010/exec/wrapbooks/%22221158%22digitalised by Max Planck Institute for European History of LawMax Planck Institute for European History of LawThe Max Planck Institute for European History of Law was founded in 1946 in Frankfurt am Main, Germany. As one of 80 institutes in the Max Planck Society it focuses on trans-national comparisons and the portrayal of European legal development.-History:The Max Planck Institute for European Legal...
(MPIER); in German]) - Die Lehre des römischen Rechts von der Voraussetzung, Düsseldorf 1850. (digitalised by MPIER; in german)
- Die Actio des römischen Civilrechts vom Standpunkte des heutigen Rechts, Düsseldorf 1856. (digitalised; in german)
- Zwei Fragen aus der Lehre von der Verpflichtung wegen ungerechtfertigter Bereicherung, 1878. (digitalised by MPIER; in german)
- Lehrbuch des Pandektenrechts.
-
- first published, Düsseldorf 1862–1870. (digitalised volume by MPIER; in German 1, 2,1, 2,2 u. 3)
- 3. ed., Düsseldorf 1870. (digitalised volume by MPIER; in German 1, 2 u. 3)
- 5. ed., StuttgartStuttgartStuttgart is the capital of the state of Baden-Württemberg in southern Germany. The sixth-largest city in Germany, Stuttgart has a population of 600,038 while the metropolitan area has a population of 5.3 million ....
1879. (digitalised volume by MPIER; in German 1, 2 u. 3) - 6. ed., FrankfurtFrankfurtFrankfurt am Main , commonly known simply as Frankfurt, is the largest city in the German state of Hesse and the fifth-largest city in Germany, with a 2010 population of 688,249. The urban area had an estimated population of 2,300,000 in 2010...
a. M. 1887. (digitalised volume by MPIER; in German 1, 2 u. 3) - 9. ed., Leipzig, 1906, edited by Theodor Kipp, is the edition usually cited.
- Gesammelte Reden und Abhandlungen. Leipzig, 1904.