- German:
- Bürgerliches Gesetzbuch
German Civil Code
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What is the German Civil Code?
The German Civil Code is a body of private law that was codified and went into effect in the German empire in 1900. Though modified, it remains in effect today. The code is divided into five parts covering personal rights, legal personality, obligations, property, domestic relations, and succession.
The code is based on the gemeines Recht, the common law based on the 6th-century codification of Roman law. The German Civil Code has influenced the private law of other countries, including Japan, Switzerland, and Greece. The code distinguishes itself from the French Civil Code with its orderly arrangement, precise language, and exacting use.
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When did the German Civil Code come into effect?
The German Civil Code (German: Bürgerliches Gesetzbuch or BGB) is a comprehensive body of private law that took effect in the German Empire in 1900 and remains in force today, though it has been modified.
The code's creation stemmed from a desire to replace the often-conflicting customs and codes of the various German territories with a truly national law. The movement for codification gained momentum in the 18th century and was further propelled by the Napoleonic Code. After the formation of the Reich ("empire") in 1871, national codification became possible. A second draft was created in 1896 and went into effect in 1900.
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What types of laws are covered by the German Civil Code?
The German Civil Code (in effect since 1900) is divided into five parts that cover personal rights, legal personality, and the following areas:
- Obligations, including sale and contract concepts
- Immovable and movable property rights
- Domestic relations
- Succession
The code is based on gemeines Recht, common law from the 6th-century codification of Roman law by Justinian. Germanic tribal law also influenced family and property law. The code has, in turn, influenced the private law of other countries, including Japan, Switzerland, and Greece.
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Why was the German Civil Code created?
The German Civil Code was created because of a desire to establish a truly national law that would supersede the often conflicting customs and codes of the various German territories.
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. 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. The code is divided into five parts: general concepts, obligations, things, domestic relations, and succession.
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How does the German Civil Code affect everyday life in Germany?
The German Civil Code (German: Bürgerliches Gesetzbuch), which took effect in 1900, influences daily life in Germany by codifying private law. It is divided into five parts covering general concepts of personal rights, obligations, property, domestic relations, and succession.
The code states that everyone gains rights and responsibilities at birth. It also protects individuals from personal injury and attacks on their dignity. The code influences contracts, property ownership, and family matters, requiring civil marriage ceremonies since 1875. It has been modified since its introduction but remains in effect.
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What influence has the German Civil Code had on other countries' laws?
The German Civil Code (BGB), implemented in 1900, has significantly impacted private law in other countries, especially in Japan, Switzerland, and Greece. It has also influenced the laws of Austria and, along with the Swiss Civil Code, those of Russia and Scandinavian countries.
Drafted nearly a century after the French civil code, the German code benefited from German scholars' systematic efforts to clarify and modernize the law during the 19th century. The German code's orderly arrangement, precise language, and exacting use differ markedly from its French predecessor. The appeal of the German code is from lawyers to lawyers.
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German Civil Code, 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 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.
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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.