프란츠 클라인의 법사상- 『소송에 있어서 시대사조와 정신사조(Zeit- und Geistesströmungen im Prozesse)』를 중심으로 -

Franz Klein(1854-1926) is the father of 1895 Austrian Code of Civil Procedure. He reformed the traditional civil procedural law and proposed the new model of civil procedural law in the modern era. The Code as 'the most influential modern civil procedural law(E. Wolf)' has much effects on civil procedural laws of many countries in East-Europe and Latin-America as well as in Germany. A lot of scholars in many countries have interests in Klein's legal theory and reform project of civil procedural law. Klein's socialistic view of civil procedure and reform project can not be separated from his socialist legal thought. While Klein's legal thought has been developed under the influence of his teacher Anton Menger(1841-1906), Klein's legal theory of civil procedure is based on his legal thought originated from wide and profound human, social, economic and cultural foundations. 『Zeit- und Geistesströmungen im Prozesse(1901)』i.e. one of the Klein's academic masterpieces, contains the essence of Klein's legal thought on civil procedure. According to him, the civil procedure itself is a social massive phenomenon and social harm. In relation to the socialistic view of procedure, he stressed the society-related nature of civil procedure. He considered, in a word, civil procedure as an indispensable national welfare institution. In summary, Franz Klein was one of the great figures of the age in pan-germanic world. Furthermore, he was the most important scholar in Austria during the transition period who could be taken rank with O. von Gierke as a legal politician and with R. von Jhering as a legal sociologist in the latter half of the 19C.