The B rgerliches Gesetzbuch or BGB is the civil code of Germany . In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project. The BGB served as a template for the regulations of several other Civil law legal system civil law jurisdictions, including Portugal , Estonia , Latvia , the Republic of China , Japan , Thailand , South Korea , People s Republic of China , Greece and Ukraine . History German Empire Image Reichsgesetzblatt 1896 Seite 195.png thumb 300px Publication in the Reich Law Gazette on August 24, 1896 The introduction in France of the Napoleonic code in 1804 created in Germany a similar desire for obtaining a civil code despite the opposition of the German Historical School Historical School of Law of Friedrich Carl von Savigny , which would systematize and unify the various heterogeneous laws that were in effect in the country. However, the realization of such an attempt during the life of the German Confederation was difficult, for the appropriate legislative body did not exist. However, in 1871, the various German states were united into the German Empire . In the beginning, Civil law legal system civil law legislative power was held by the individual states, not the Empire Reich that comprised those states. An amendment to the constitution passed in 1873 called Lex Miquel Lasker referring to the amendment ... http www.jusline.de BGB.html Commentary on the BGB de icon DEFAULTSORT Burgerliches Gesetzbuch ... cs B rgerliches Gesetzbuch da B rgerliches Gesetzbuch de B rgerliches Gesetzbuch es C digo Civil de Alemania fr B rgerliches Gesetzbuch ko hy it B rgerliches Gesetzbuch ... nl B rgerliches Gesetzbuch ja no B rgerliches Gesetzbuch pl B rgerliches Gesetzbuch pt BGB ru fi B rgerliches Gesetzbuch sv B rgerliches Gesetzbuch th tr B rgerliches Gesetzbuch zh ... more details
Unreferenced stub date December 2009 The Allgemeines b rgerliches Gesetzbuch ABGB is the Civil Code of Austria , which was enacted in 1811 after about 40 years of preparatory works. Karl Anton Freiherr von Martini and Franz von Zeiller were the leading drafters at the earlier and later stages of the draft. Comparable to the Napoleonic code , it was based on the ideals of freedom and equality before the law. It was divided into three major segments, following the Roman law segregation methods. It was modernized during the First World War . ABGB continues to be the basic civil code of Austria to this day and it is also still the basic civil code of Liechtenstein . Besides Austria, its influence persists in other successor states of Austria Hungary . In the Czechoslovakia it was in effect until 1966, although it had been novelized multiple times, when it was replaced by the civil code from 1950. DEFAULTSORT Allgemeines Burgerliches Gesetzbuch Category 1811 in law Category Austrian law Category Civil codes Austria stub Liechtenstein stub Euro law stub bg bs Austrijski gra anski zakonik cs V eobecn z kon k ob ansk de Allgemeines b rgerliches Gesetzbuch es C digo Civil de Austria fr Allgemeines B rgerliches Gesetzbuch it Codice austriaco del 1811 lt Austrijos civilinis kodeksas no Allgemeines b rgerliches Gesetzbuch pl Allgemeines b rgerliches Gesetzbuch sl Ob i dr avljanski zakonik sh Op i gra anski zakonik th ... more details
German contract law is found in the B rgerliches Gesetzbuch , in both the Allgemeine Teil and the chapter on Schuldrecht . It forms part of the general law of obligations. See also Abstraktionsprinzip Drittwirkung Category German law Germany law stub ... more details
Unreferenced stub auto yes date December 2009 The Codex Maximilianeus bavaricus civilis is a civil code enacted in the Duchy of Bavaria in 1756. It was named after Maximilian III Joseph, Elector of Bavaria Maximilian III Joseph , and written in German language German , although included many Latin phrases. In its content, it adhered to the Usus modernus Pandectarum more strongly than later Codification law codification projects. It remained in force in Bavaria until the enactment of the German B rgerliches Gesetzbuch BGB on January 1, 1900. See also Allgemeines Landrecht Prussian Allgemeines Landrecht ALR Napoleonic Code Allgemeines b rgerliches Gesetzbuch Austrian Allgemeines b rgerliches Gesetzbuch ABGB DEFAULTSORT Codex Maximilianeus Bavaricus Civilis Category 1756 in law Category Civil codes Category Legal history of Germany Category Legal history of the Holy Roman Empire Germany law stub de Codex Maximilianeus Bavaricus Civilis it Codex Maximilianeus bavaricus civilis lt Bavarijos civilinis kodeksas pl Codex Maximilianeus Bavaricus Civilis ... more details
Unreferenced date May 2008 The Volksgesetzbuch was the attempt of Third Reich jurists in the Akademie f r Deutsches Recht to replace the B rgerliche Gesetzbuch by a civil law code aligned with the principles of Nazism . The project was terminated in 1944 by Reich Minister of Justice, and head of the Akademie, Otto Georg Thierack . Category German law Category Nazi Germany Germany law stub de Volksgesetzbuch ... more details
Expand German Zivilprozessordnung Deutschland date March 2009 Zivilprozessordnung ZPO is the Germany German code of civil procedure . See also B rgerliches Gesetzbuch BGB the German Civil Code. Category German law Category Codes of civil procedure Europe law stub de Zivilprozessordnung Deutschland lt Vokietijos civilinio proceso kodeksas ... more details
Unreferenced stub auto yes date December 2009 Eingetragener Verein e. V. registered association is a legal status for a Civil registration registered voluntary association in Germany and Austria . While any group may be called a Verein , registration as eingetragener Verein holds many legal benefits because a registered association may legally function as a corporate body juristic person rather than just a group of individuals. The B rgerliches Gesetzbuch Civil Code of Germany contains different regulations for registered non profit and for profit associations regarded as juristic persons Vereine , articles 21&ndash 79 on the one hand and for not necessarily registered associations by contract Gesellschaften , articles 705&ndash 740 on the other hand. Category German law Category Legal entities Category Types of organization Germany law stub de Verein Eingetragener Verein it Eingetragener Verein ... more details
noreferences date June 2008 Wreath money is not a legal term, but the literal translation of German language German Kranzgeld . Kranzgeld is money paid by a man to a woman as a fine on having sexual intercourse with her under the pretense of an offer of marriage which is then withdrawn. The term refers to the wreath that a bride traditionally wears at her wedding . In some European cultures, notably Germany, a virgin bride was entitled to wear a wreath of Myrtus myrtle flowers a non virgin bride, on the other hand, had to wear a wreath made of straw . Without her virginity , it was assumed, her expectations to gain a good matchmaking match for a husband would diminish considerably. As the fianc e would have gained the protection of her status as a wife , the money is a tribute or wiktionary reconciliation reconciliation to her. In Germany , the paragraph 1300 of the family law , part of the civil code BGB B rgerliches Gesetzbuch , was abolished on May 4, 1998, when the entire law was renewed, on the occasion of a trial in 1993 where the judge s decided the law was outdated. A woman had then tried to sue for 1000 German mark DM in 2004 roughly 500 or 500 , but the request was denied on the grounds of Gender equality equal rights between man and woman. DEFAULTSORT Wreath Money Category Family law Category History of human sexuality de Kranzgeld fr Kranzgeld ... more details
De Maizi re is the name of an influential Germany German family of Huguenot ancestry that migrated from France to Germany in the late 17th century. Several family members have had and still have important roles in German politics and business. The name derives from Maizi res l s Metz , a commune in the Moselle department in France that was the family s original home. Important family members Ernst de Maizi res born 1841 , Landgerichtspr sident of Neuruppin and one of the authors of the B rgerliches Gesetzbuch civil code of Germany . ... Walter de Maizi re , Lawyer Ulrich de Maizi re 1912 2006 , Chief of Staff, Bundeswehr Chief of staff of the Bundeswehr 1966 1972 Thomas de Maizi re born 1954 , Chief of the Chancellor s Office and later Minister in the cabinet of Angela Merkel Andreas de Maizi re , former member of Commerzbank s board of directors Clement de Maizi re , GDR lawyer, Member of the Christlich Demokratische Union Deutschlands DDR Ost CDU and a Stasi spy Lothar de Maizi re born 1940 , GDR lawyer, Member of the Christlich Demokratische Union Deutschlands DDR Ost CDU , later the only democratically elected head of state of the GDR Surname disambiguation DEFAULTSORT De Maiziere de Maizi re fr Famille De Maizi re ja ru ... more details
File Swiss civil code 1907.jpg thumb 130px The first edition of the Swiss civil code, circa 1907 The Swiss civil code lang de Zivilgesetzbuch lang fr Code civil lang it Codice civile lang rm Cudesch civil lang tr Medeni Kanun is the Codification law codified law ruling in Switzerland and regulating relationship between individuals. Adopted on 10 December 1907 and is thus formally known as the Swiss civil code of 10 December 1907 , and in force since 1912. It was created by Eugen Huber , it was subsequently translated in the two other national languages at the time Romansh language Romansh was not official by Virgile Rossel and Brenno Bertoni for French and Italian, respectively. It was largely influenced by the B rgerliches Gesetzbuch German civil code , and partly influenced by the Napoleonic code French civil code , but the majority of comparative law scholars such as K. Zweigert and Rodolfo Sacco argue that the Swiss code derives from a distinct paradigm of civil law. The civil code of Turkey is a slightly modified version of the Swiss code, adopted in 1926 during the Kemalist government s period of secularization. ref Turkey and the adoption of the Swiss Civil Code ref References cite web title Swiss Civil Code work publisher Britannica Online Encyclopedia date url http www.britannica.com EBchecked topic 577158 Swiss Civil Code format doi accessdate 2009 01 19 cite web title Turkey and the adoption of the Swiss Civil Code work publisher Federal Department of Justice and Police date url http www.ejpd.admin.ch ejpd en home dokumentation red archiv reden christoph blocher 2006 2006 10 04.html format doi accessdate 2009 01 19 Notes reflist switzerland stub Category Swiss law Category Civil codes de Zivilgesetzbuch es C digo Civil de Suiza fr Code civil suisse it Codice civile svizzero lt veicarijos civilinis kodeksas ja no Zivilgesetzbuch pl Zivilgesetzbuch pt Zivilgesetzbuch th ... more details
Image Codex Holmiensis CE 1350.jpg thumb 300px right Text of the Codex Holmiensis manuscript. Codex Holmiensis is the manuscript of the Denmark Danish Code of Jutland , a civil code enacted under Valdemar II of Denmark . The code covered Funen and Jutland down to the Eider River . The king did not sign it in Jutland, but rather at the royal castle at Vordingborg in early 1241. cquote With law shall land nation be built. ... And if all men would keep be content with what is theirs, and let others enjoy the same rights, there would be no need of a law. ... If the land had no law, then he would have the most who could grab by force the most. cquote The law, must be honest, just, reasonable, and according to the ways of the people. It must meet their needs, and speak plainly so that all men may know and understand what the law is. It is not to be made in any man s favor, but for the needs of all them who live in the land. No man shall judge condemn the law which the King has given and the country chosen neither shall he the King take it back without the will of the people. The Code was succeeded by Christian V s Danish Code of 1683 however in certain parts of Schleswig parts of the Code were used until the arrival of B rgerliches Gesetzbuch in 1900. External links http www.kb.dk permalink 2006 manus 41 Codex Holmiensis scanned facsimile at the Royal Library, Copenhagen Category 1241 books Category Danish chronicles Category Law books Category 13th century manuscripts Category Old Norse literature Category Political charters manuscript stub Denmark hist stub da Jyske Lov de J tisches Recht es Codex Holmiensis fr Codex Holmiensis no Jyske Lov pl Codex Holmiensis sv Jyllandslagen ... more details
German labour law refers to the regulation of the employment relationship and industrial partnership in Germany . Court system Grundgesetz Arbeitsgerichtsgesetz Individual labour law Contract of employment Burgerliches Gesetzbuch Civil Code 611 630 Teilzeit und Befristungsgesetz Part time and Fixed term Work Act , 14 2 two year fixed term limit Arbeitnehmer berlassungsgesetz Employee Leasing Act Urlaubsgesetz Holidays Act Dismissal Kundigungschutzgesetz Dismissal Protection Act Collective labour law Codetermination Betriebsverfassungsgesetz Business Constitution Act requires establishment of Works Councils where there are five or more employees Mitbestimmungsgesetz Codetermination Act Collective bargaining Tarifvertragsgesetz Collective Agreement Act See also German company law German contract law German tort law European labour law UK labour law Notes Reflist 2 References Articles A Freckmann, Temporary Employment Business in Germany 2004 15 1 International Company and Commercial Law Review 7 A Freckmann, Termination of Employment Relationships in Germany Still a Problem 2005 16 1 International Company and Commercial Law Review 38 B Keller, The Hartz Commission Recommendations and Beyond An Intermediate Assessment 2003 19 3 International Journal of Comparative Labour Law and Industrial Relations 363 S Konnert, Unfair Dismissal by Reason of Redundancy in Germany 2005 16 11 International Company and Commercial Law Review 431 B Waas, Temporary Agency Work in Germany Reflections on Recent Developments 2003 19 3 International Journal of Comparative Labour Law and Industrial Relations 387 Books M Weiss and M Schmidt, Labour Law and Industrial Relations in Germany 4th edn Kluwer 2008 A Junker, Grundkurs Arbeitsrecht 3rd edn 2004 F Ebke and MW Finkin, Introduction to German Law 1996 ch 11, 305 DEFAULTSORT German Labour Law Category German law Category Labour law by country Category German labour law de Arbeitsrecht Deutschland ... more details
civil code B rgerliches Gesetzbuch of 1900 and the Swiss Civil Code Swiss codes . Meanwhile, African ... adopted a new civil code strongly influenced by the German B rgerliches Gesetzbuch , and also ... Napoleonic Code Category Legal codes cs Z kon k de Gesetzbuch es C digo Derecho eo Jura kodekso fr ... more details
Verein The B rgerliches Gesetzbuch German Civil Code sets out different rights and rules for unincorporated ... Gesetzbuch BGB versus incorporated associations eingetragener Verein with full legal person ality ... Gesetzbuch BGB . Associations can be for profit wirtschaftlicher Verein , non for profit Idealverein ... more details
. Under 823 B rgerliches Gesetzbuch BGB , damages can either be based on harm inflicted either on an object ... b rgerliches Gesetzbuch ABGB compare closely to delict. Under this provision, someone who intentionally ... more details
nofootnotes date July 2009 Refimprove date September 2008 File Codigo Civil Chile 01.jpg thumb 150px First page of the Chilean Civil Code, first edition of 1856 . The Civil Code of the Republic of Chile C digo Civil de la Rep blica de Chile , also referred to as the Code of Bello is the work of Venezuelan jurist and legislator Andr s Bello . After several years of individual work though officially presented as the work of multiple Congress commissions , Bello delivered a complete project of the Code on November 22, 1855, which was sent to Congrees by President Manuel Montt , preceded by a foreword by Bello himself. Congress passed the Civil Code into law on December 14, 1855. It then came into force on January 1, 1857. Although it has been the object of numerous alterations, the Code has been kept in force since then. Sources Traditionally, the Napoleonic Code has been considered the main source of inspiration for the Chilean Code. However, this is true only with regard to the law of obligations and the law of things except for B rgerliches Gesetzbuch The Principle of Abstraction principle of abstraction , while it is not true at all in the matters of family and successions. The indisputable main source of the Civil Code is the Siete Partidas Seven Part Code of King Alfonso X , perhaps the pinnacle of Spanish ius commune . For instance, in relating the acquisition of property, the code makes a clear distinction between the titles and the actual acquisition of property, similarly to the Roman Law and the German B rgerliches Gesetzbuch . The traditional Spanish law is also manifested strongly in the matter of successions. This is true notwithstanding the important modernisations made by the Code, such as eliminating the preference for the males in the adjudication of the estate, the end of mayorazgos the adjudication of the whole estate to the elder male son and the adoption of a rule against successive Usufruct ususfructs . Similarly, it adopted the Canonical Law pro ... more details
unreferenced date November 2008 Landrecht , Allgemeines Landrecht , or General state laws for the Prussian states in German Allgemeines Landrecht f r die Preu ischen Staaten , often abbreviated to ALR , was an important civil code of Prussia , promulgated in 1794 and codified by Carl Gottlieb Svarez and Ernst Ferdinand Klein , under the orders of Frederick II of Prussia Frederick II . The code had over 19,000 articles, and covered fields of Civil law area civil law , penal law , family law , public law , administrative law etc. History Development Frederick I of Prussia wanted to create a uniform set of laws, but it was not started until Frederick II. Frederick s idea was not only to create a unified set of laws, but to make them clear and eliminate possible manipulations by different interpretation. A previous attempt, Project eines Corporis Juris Fridericiani 1749 51 , by Samuel von Cocceji , proved unsuccessful. The first version was called the General Code for the Prussian states lang de Allgemeines Gesetzbuch f r die Preu ischen Staaten , AGB, 1792 . The general state laws for the Prussian states were finally codified in 1794 by mainly Svarez and Klein, who were under the orders of Frederick II of Prussia Frederick II . Usage The interpretations of the code s usage are contradictory some interpret the laws as well known for being simple to read and interpret, without much abstract, being rather an every day regulating laws, but others point out that while the code was written in German, it used an incredibly Casuistry casuistic and imprecise language, making it hard to properly understand and use in practice. After the second partition of Poland, it was promulgated on the annexed territories as subsidiary law, intended to accelerate the process of their integration with Prussia . The Landrecht was a typical example of a law of the transition period between feudalism and capitalism , where old institutions of feudal law ordinations, separate property, class ... more details
Culpa in contrahendo is a Latin expression meaning fault in conclusion of a contract . It is an important concept in contract law for many civil law countries, which recognise a clear duty to negotiate with care, and not to lead a negotiating partner to act to his detriment before a firm contract is concluded. In German contract law , 311 BGB lists a number of steps by which an obligation to pay damages may be created. By contrast, in English contract law , and many other common law jurisdictions, there has been stulted judicial acceptance of this concept. The doctrine of estoppel has been mooted by academics as a good model, but judges have refused to let it be a sidestep of the doctrine of consideration , saying estoppel must be a shield not a sword, and calling instead for Parliamentary intervention. On the other hand in the case of land, proprietary estoppel effectively created obligations regardless of any pre existing contract. In the United States , however, courts have allowed promissory estoppel to function as a substitute for the consideration doctrine. This movement was stimulated by the acceptance of the concept in section 90 of the first Restatement of Contracts . Culpa in Contrahendo in German Law Rudolf von Jhering is credited with the discovery of the culpa in contrahendo doctrine. Originally, according to the prevailing interpretation of the B rgerliches Gesetzbuch or German Civil Code , there was no equivalent legal doctrine. The courts saw a gap in the legal system of the Civil Code , and filled it with the development of culpa in contrahendo. Since the modernisation of the Law of Obligations in 2001, the legal doctrine is provided for by statute. 311 2 in connection with 280 1 and 241 2 of the Civil Code See also Walton Stores Ltd v Maher Friedrich Kessler and Edith Fine, Culpa in Contrahendo, Bargaining in Good Faith, and Freedom of Contract A Comparative Study , 77 Harv. L. Rev. 401 1964 . References Ihering, Culpa in contrahendo oder Schadener ... more details
Swiss law is a set of rules which constitutes the law in Switzerland . Swiss laws are identified by their number in the federal Systematische Rechtssammlung abbreviated SR . The SR numbers are arranged topically and hierarchically. E.g. the initial digit 2 for private law, digit 3 for criminal law, etc. The Swiss Constitution of 1999 is SR 101. Private law Civil code main Swiss Civil code The Swiss Civil code SR 210 was adopted on 10 December 1907 and has been in force since 1912. It was largely influenced by the B rgerliches Gesetzbuch German civil code , and partly influenced by the Napoleonic code French civil code , but the majority of comparative law scholars such as K. Zweigert and Rodolfo Sacco argue that the Swiss code derives from a distinct paradigm of civil law. Swiss copyright law Swiss Verein List of Swiss financial market legislation Insolvency law of Switzerland Public law Constitutional law Swiss Federal Constitution SR 101 Swiss nationality law Criminal law main Strafgesetzbuch Switzerland The Swiss Criminal Code Strafgesetzbuch Switzerland Strafgesetzbuch , SR 311 of 21 December 1937 goes back to a 1893 draft by Carl Stooss. It has been in effect since 1942. Among the notable changes to earlier Swiss criminal law was the abolition of Capital punishment in Switzerland and the legalization of homosexual acts between adults until 1990, the age of consent for homosexual acts remained set at 20 years, compared to 16 years for heterosexual acts . The code has been revised numerous times since 1942. The most recent revision as of 2010 , in effect since 2007, introduced the possibility to convert short prison sentences below one year into fines, calculated based on a daily rate which has to be established based on the personal and economic situation of the convict at the time of the verdict , with an upper limit set at CHF 3000 per day of the sentence. Practically all prison sentences shorter than one year have since been converted into fines, conditional ... more details
law and procedural law and culminating in the B rgerliches Gesetzbuch Book of Civil Law after over ... may act on grounds of the B rgerliches Gesetzbuch BGB, civil code . However, if a governmental ... important reference of this area is the Civil Law Book B rgerliches Gesetzbuch , BGB , which consists ... Gesetzbuch Strafgesetzbuch Strafgesetzbuch 86a which bans use of symbols of unconstitutional ... more details
of the century, Augspurg campaigned for women s rights in the B rgerliches Gesetzbuch German Civil ... das B rgerliche Gesetzbuch , Nomos VG, Baden Baden 1995, pp. 44 66 small ISBN 3 7890 3808 3 small ... more details
Unreferenced date January 2007 The law of Europe is diverse and changing fast today. Europe saw the birth of both the Roman Empire and the British Empire , which form the basis of the two dominant forms of legal system of private law, civil law legal system civil and common law . History Image Code Civil 1804.png thumb right 150px First page of the 1804 edition of the Napoleonic Code The law of Europe has a diverse history. Roman law underwent major codification in the Corpus Juris Civilis of Emperor Justinian I Justinian , as later developed through the Middle Ages by medi val legal scholars. In Mediaeval England , judges retained greater power than their continental counterparts and began to develop a body of precedent. Originally civil law was one common legal system in much of Europe , but with the rise of nationalism in the 17th century Nordic countries and around the time of the French Revolution , it became fractured into separate national systems. This change was brought about by the development of separate national codes, of which the French Napoleonic Code and the B rgerliches Gesetzbuch German and Swiss Civil Code Swiss codes were the most influential. Around this time civil law incorporated many ideas associated with the Age of Enlightenment Enlightenment . The European Union s Law is based on a codified set of laws, laid down in the European Union Law Treaties . Law in the EU is however mixed with precedent in case law of the European Court of Justice . Supranational law Council of Europe European Union law European Convention on Human Rights Law by countries See Legal systems of the world Jurisdiction area MultiCol Law of Albania Law of Andorra Law of Armenia Law of Austria Law of Azerbaijan Law of Belarus Law of Belgium Law of Bosnia and Herzegovina Law of Bulgaria Law of Croatia Law of Cyprus Law of Czech Republic Law of Denmark Law of Estonia Law of Finland Law of France Law of Georgia Law of Germany ColBreak Law of Greece Law of Hungary Law of Icel ... more details
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