Published: 2017-06-30

Discussion on the question of state liability for damages caused by illegal acts of officials at the congress of German Jurists in Kiel in 1905

Andrzej Adamczyk
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.1276

Abstract

One of the most important legal problems discussed in the 19th century by German lawyers was that of state liability due to damages resulting from illegal acts of its officials. An influential forum of exchange of ideas was the German Association of German Jurists which organized all-German congresses to solve legal questions in order to promote German unity. Although the problem of state responsibility was discussed at some of the Association congresses in the 19th century, the most interesting was that held in Kiel in 1905. It was due to the fact that many German states had at that time legal regulations concerning state liability, but they were quite different. That generated many complications, making realization of a legal unity within the German Reich difficult. Two proposals for solving this situation were presented at the Congress in Kiel by Otto von Gierke and Rudolf von Herrnritt. Their ideas constituted bases for the discussion which followed. The paper presents the discussion on the state liability, which took place at the Congress in Kiel.

Keywords:

state liability, illegal acts of officials, The German Associaton of German Jurists, Otto von Gierke, Rudolf von Herrnritt

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Adamczyk, A. (2017). Discussion on the question of state liability for damages caused by illegal acts of officials at the congress of German Jurists in Kiel in 1905. The Opole Studies in Administration and Law, 15(2), 131–146. https://doi.org/10.25167/osap.1276

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