The Civil Code (BGB)
The Civil Code (BGB) is the central code of civil law in Germany. It came into force on January 1, 1900, and comprises five books: General Part, Law of Obligations, Property Law, Family Law, and Inheritance Law. The BGB regulates fundamental legal relationships between private individuals, such as contract law, property issues, and the law of torts.
Contract Law
Contract law is comprehensively regulated in the BGB. Contracts are legal transactions in which the parties commit to specific services. The BGB outlines the requirements for the formation of a contract, such as the agreement of the parties (offer and acceptance) and the legal capacity of the individuals involved. It also contains provisions on specific types of contracts such as purchase, lease, employment, and service contracts, as well as the legal consequences of non-fulfillment or breaches of duty.
Property Law
Property law regulates the legal relationships concerning property, especially ownership and possession. It includes provisions on the acquisition and loss of ownership, for example through purchase or inheritance, as well as the protection of property against unlawful interference. The BGB distinguishes between movable property (personal property) and immovable property (real estate) and contains specific regulations for their legal treatment.
Family Law
Family law in the BGB regulates legal relationships within the family, including marriage, registered partnerships, kinship, and guardianship. It includes provisions on marriage and divorce, child custody, maintenance obligations, and adoption. The welfare of the child is of particular importance, playing a central role in all family law decisions.
Inheritance Law
Inheritance law is regulated in the fifth book of the BGB and determines how a person’s estate is passed on to their heirs after death. It includes provisions on statutory heirs, the drafting of wills, and the order of succession. The BGB also provides for compulsory shares for close relatives who have been excluded from the order of succession but can claim a minimum share of the estate.
Commercial Code (HGB)
The Commercial Code (HGB) complements the BGB in the area of commercial law and applies to merchants. It contains specific regulations for commercial transactions, such as commercial contracts, trading companies, and corporate law. The HGB is particularly relevant for commercial transactions and establishes the framework for economic activity in Germany.
Tort Law
Tort law is part of the law of obligations in the BGB and regulates liability for unlawful acts. A person who causes damage to another through a culpable act is obligated to provide compensation. Tort law includes provisions on liability for intentional and negligent behavior, as well as special liability conditions, such as product liability or animal owner liability.
Particularities of German Civil Law
German civil law is characterized by its systematic approach and thoroughness. It is based on the science of pandects, a scholarly interpretation of Roman law. Another feature is the principle of private autonomy, which allows parties to largely determine their legal relationships themselves. However, there are limitations due to mandatory legal provisions that primarily serve to protect weaker parties.