Forschungsarbeit: Prozessvertretung durch Professoren

Prozessvertretung durch Professoren

Die Postulationsfähigkeit der juristischen Hochschullehrer

Schriften zum Berufsrecht, volume 10

Hamburg , 98 pages

ISBN 978-3-339-12414-2 (print)
ISBN 978-3-339-12415-9 (eBook)

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This book deals with the German right of audience (locus standi, “Postulationsfähigkeit”) of law professors, who are designated by the procedural codes as teachers of law (“Rechtslehrer”) and are equated with lawyers with regard to conduct a case in court. The author - himself a professor in public law and at the same time a specialist in the law of lawyers - answers at the interface of lawyers’ professional law, university law and procedural law the following controversial questions (which have received little attention so far) on the basis of the current legal situation:

  • Which procedural codes grant right of audience to law professors and which do not? (By what) is this difference justified?
  • What are the specific requirements of the procedural codes for law professors to conduct a case in court?
  • Which professional requirements must be observed by law professors when they act like lawyers in legal proceedings?
  • What remuneration entitlement do law professors have for this activity?

As a common thread, the analysis repeatedly uses the answer to the question of why law professors have right of audience in the first place. It is not only about them and their position in relation to lawyers, but about the significant relationship between legal science and legal practice in general: the competence of law professors enriches the process, from which they in turn can draw experience for their teaching.

Because the legislature has not kept the procedural codes uniformly up to date, the author calls for significant changes in the law. He believes that Germany should standardize its law - be it through the general admission of law professors to the bar or by giving them right of audience in all procedural codes.

Ihr Werk im Verlag Dr. Kovač

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