Bürgerliches Gesetzbuch

The civil code German ( Bürgerliches Gesetzbuch shortened in BGB) is the basic code of the German civil law.

General information

Adoptee by the Reichstag in 1896 the BGB between in force on January 1st 1900 after 25 years of development by the most famous lawyers of the Empire, among them Wilhelm Julius Planck, father of the physicist max, and Bernhard Windscheid.
Upsetting systematic other great codings, the BGB in its system follows only the legal needs, which contibué with the reputation of the code to be far from the people and to be a law made by the lawyers for the lawyers. More technical than the French civil code, the BGB also joins together all the principles of the Roman law like the principles of the German right and the digestes of digestes of Justinien in a modern and articulated text, ready to serve the economic and social evolution.

Systematic

The code is divided into five books , of which the first is devoted to the general rules like: legal capacity, natural persons and morals, the declaration of will, formation and validity of a Contract, the term, the condition, the préclusion.

The delivers second is the right obligations , it is for example: the creation of the obligations (by aiming at the book first for the contracts), the extinction and various types of obligations, various types of the contracts, the offense and the quasi delict, unjustified enrichment (a very important institution in German right). In 2002, the great reform of the right of the obligations ( Schuldrechtsreform ) modified most of the book second, and in particular the rules concerning the sale contract, but also the general rules of the contracts with the incorporation of the rules concerning the consumer protection.

The right of the goods , regulated in the third book is very different from the French right. Y are regulated real conventions (not to confuse them with the real contracts in France), i.e. conventions by which one transmits or changes the contents of the rights in rem. Thus, the property is not transmitted with the complete execution of the " contract of vente" , but it requires the drafting of a second legal document officializing the transmission of the good: " the convention" (real contract). Various others right in rem like: the constraint, usufruct, the mortgage and a German specificity - the Grundschuld - there are also regulated, as well as the negligence.

The fourth book contains the right of the family, i.e.: the marriage, like its personal effects and patrimonial, filiation, the adoption, etc

The fifth and the last deliver is devoted to the successions , (either by will, or legal).

The right of the successions and the right in rem resisted the changes until today. As for the rights concerning the obligations and especially with that of the family, the legislation was modified several times.

Influence

The BGB have a strong influence on other codings, as the civil code Italy N of 1942, the civil code Japan board and the Swiss Code of the obligations.

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