German Civil Code

German Civil Code
German Bürgerliches Gesetzbuch

Body of codified private law that went into effect in the German Empire in 1900.

The code, since modified, developed out of a desire for a truly national law that would override the often conflicting customs and law codes of the various German territories. Divided into five parts, it covers personal rights and legal personality, the law of contracts and sales, property, domestic relations, and inheritance, or succession. It contains elements of Germanic tribal, feudal, and common law, as well as Roman law. It has significantly influenced the private law of other countries, particularly Japan, Switzerland, and Greece. See also Germanic law.

* * *

▪ German law code
German  Bürgerliches Gesetzbuch,  

      the body of codified private law that went into effect in the German empire in 1900. Though it has been modified, it remains in effect. The code grew out of a desire for a truly national law that would override the often conflicting customs and codes of the various German territories.

      The code is divided into five parts. The first is general, covering concepts of personal rights and legal personality. The subjects of the other four parts are: obligations, including concepts of sale and contract; things, including immovable and movable property; domestic relations; and succession.

      The concept of law embodied in the code was the gemeines Recht, the common law based on the 6th-century codification of Roman law put in force by the emperor Justinian. In family law and to some extent in the law of property, some elements of Germanic (Germanic law) tribal law also influenced the code. Although altered to some extent by feudal law, customary law again came under Roman influence in the 15th century, when Roman law was received into Germany in an effort to systematize customs and legal institutions. In some areas it superseded custom, particularly when there was no conflict between the two; in others, Roman and customary law existed side by side, with custom prevailing when there were insurmountable differences.

      The movement for codification began in the 18th century with the Bavarian Code of 1756 and the Prussian Civil Code of 1794 and received its major impetus from the Napoleonic Code, which remained in operation in the 19th century throughout much of the western area of Germany, including Alsace and Westphalia. As had been the case at the time of the French codification (1804), there was a desire in Germany to reconcile the vast incongruities in the law among different towns and territories. Even within cities there were sometimes two distinct bodies of private law in operation. Some areas of Germany were under the Napoleonic Code, others under the Prussian Civil Code, others under local codes and customs, and still others under various combinations of all of these.

      Throughout the 19th century, German legal scholars argued about the type of national code that should be written and, indeed, whether one should be written at all. The arguments were intense enough to have the effect of delaying codification. Only with the formation of the Reich (“empire”) in 1871 was it possible to undertake a program of national codification. Commissions were established, and, when the first draft of the code was presented for critical appraisal in 1888, it was rejected as being too Roman. A second draft was promulgated in 1896 and went into effect in 1900.

      The German Civil Code has had an important influence on the private law of other countries, particularly Japan, Switzerland, and Greece. It has influenced the law of Austria and, in conjunction with the Swiss Civil Code, that of Russia and the Scandinavian countries, among others. Compare Napoleonic Code; Prussian Civil Code.

* * *

Universalium. 2010.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • Civil code — First page of the 1804 original edition of the Napoleonic code A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of… …   Wikipedia

  • Civil Code of Argentina — Congress building in Buenos Aires, Argentina The Civil Code of Argentina is the legal code which forms the foundation of the system of civil law in Argentina. It was written by Dalmacio Vélez Sársfield, as the culmination of a series of attempts… …   Wikipedia

  • Swiss Civil Code — ▪ Switzerland [1907] French  Code Civil Suisse,  German  Schweizerisches Zivilgesetzbuch,         body of private law codified by the jurist Eugen Huber (Huber, Eugen) at the end of the 19th century; it was adopted in 1907 and went into effect in …   Universalium

  • Japanese Civil Code — ▪ Japanese law Japanese  Mimpō,         body of private law adopted in 1896 that, with post World War II modifications, remains in effect in present day Japan. The code was the result of various movements for modernization following the Meiji… …   Universalium

  • Prussian Civil Code — byname of  German Allgemeines Landrecht        (“General State Law”), the law of the Prussian states, begun during the reign of Frederick the Great (1740–86) but not promulgated until 1794 under his successor, Frederick William II. It was to be… …   Universalium

  • Civil Code (Chile) — The Civil Code of the Republic of Chile ( Código Civil de la República de Chile , also referred to as the Code of Bello ) is the work of the Chilean Venezuelan jurist and legislator Andrés Bello. After several years of individual work (though… …   Wikipedia

  • Civil Code of Russia — The Russian Civil Code (Russian: Гражданский кодекс Российской Федерации, frequently abbreviated ГК РФ) is the prime source of civil law for the Russian Federation. The Russian Civil Law system descendanted from Roman Law through Byzantine… …   Wikipedia

  • Civil Code of the Republic of Korea — The Civil Code of the Republic of Korea (South Korea) was passed in 1958 as Law No. 471 and is known in South Korea as one of the three fundamental laws, the other two being Criminal law and constitution. It is made up of five parts, Part I… …   Wikipedia

  • Chilean Civil Code — First page of the Chilean Civil Code, first edition of 1856. The Civil Code of the Republic of Chile (Código Civil de la República de Chile, also referred to as the Code of Bello) is the work of Venezuelan jurist and legislator Andrés Bello.… …   Wikipedia

  • Portuguese Civil Code — The current Portuguese Civil Code ( Código Civil ) was approved in November, the 26th, 1966 and entered into force in June, the 1st, 1967. Its text was prepared by a Commission of Professors of Law which in its final phase was presided and… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”