gemeines Recht

German law

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June 29, 2026

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The term "gemeines Recht" refers to the common law that formed the basis of the German Civil Code (Bürgerliches Gesetzbuch), which went into effect in Germany in 1900. This common law was rooted in the 6th-century codification of Roman law by Emperor Justinian.1

The development of civil law in Europe was significantly influenced by Germanic customs following the fall of the Roman Empire. Over time, these customs evolved, incorporating influences from merchant law and canon law. In the late 11th century, Roman law was rediscovered and studied, particularly in Italy. This led to its adoption in various parts of Europe, including Germany, where it was integrated with local laws and customs to form the jus commune. The desire for a unified national law, overriding regional differences, spurred the codification movement, culminating in the German Civil Code, which has influenced legal systems in other countries like Japan, Switzerland, and Greece.21

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German Civil Code
…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…
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…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…
Read More