G Dannemann/R Schulze, German Civil Code – Bürgerliches Gesetzbuch (BGB) Volume I (CH Beck 2020). xxviii + 2322 pp. ISBN 978-3-406-70035-4. € 250 (hardback)

2021 ◽  
Vol 12 (1) ◽  
pp. 82-86
Author(s):  
CP McGrath
Keyword(s):  
Civil Code ◽  
Bürgerliches Gesetzbuch

New Rules of Breach of Contract in Germany

2003 ◽  
Vol 5 ◽  
pp. 333-356
Author(s):  
Wolfgang Ernst
Keyword(s):  
Civil Code ◽  
European Law ◽  
Breach Of Contract ◽  
Allgemeine Geschäftsbedingungen ◽  
The Law ◽  
Limitation Of Actions ◽  
Ec Law ◽  
Legislative Measures ◽  
Bürgerliches Gesetzbuch

In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactment in 1900. Many of the legislative measures bundled together in the SMG had an EC-law background. We shall here consider only one aspect of the reform statute, namely the new rules on breach of contract and their relationship with European law.

New Rules of Breach of Contract in Germany

2003 ◽  
Vol 5 ◽  
pp. 333-356
Author(s):  
Wolfgang Ernst
Keyword(s):  
Civil Code ◽  
European Law ◽  
Breach Of Contract ◽  
Allgemeine Geschäftsbedingungen ◽  
The Law ◽  
Limitation Of Actions ◽  
Ec Law ◽  
Legislative Measures ◽  
Bürgerliches Gesetzbuch

In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactment in 1900. Many of the legislative measures bundled together in the SMG had an EC-law background. We shall here consider only one aspect of the reform statute, namely the new rules on breach of contract and their relationship with European law.

Verkehrshypothek und Sicherungsgrundschuld

2019 ◽  
Author(s):  
Jovanka Gehrenbeck
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Before And After ◽  
Similarities And Differences ◽  
The Creation ◽  
The Law ◽  
Bürgerliches Gesetzbuch ◽  
Debtor Protection

The creation of § 1192, para. 1a of the Bürgerliches Gesetzbuch (Germany’s civil code) through the Risk Limitation Act (Risikobegrenzungsgesetz) has gradually improved the opportunities for material debtors to object to land charges. In contrast, the law relating to mortgages has remained unchanged with the result that it has in part lost its model character. This study first presents the similarities and differences between mortgages and land charges with regard to the justification of obtaining credit security and then focuses in detail on the opportunities to object to the use of in rem jurisdiction before and after the Risk Limitation Act came into effect. In doing so, the study explains the developments in case law in this regard and alternatives to the creation of § 1192, para. 1a of the Bürgerliches Gesetzbuch, and in conclusion addresses the question of improving debtor protection.

The Management Board's permission to disclose Due Diligence Information Before a Corporate Acquisition in consideration of the Impact of the Act to Improve the Protection of Investors (Gesetz zur Verbesserung des Anlegerschutzes)

2005 ◽  
Vol 6 (2) ◽  
pp. 549-561
Author(s):  
Maximilian Rittmeister
Keyword(s):  
German Law ◽  
Civil Code ◽  
Due Diligence ◽  
Target Company ◽  
The Impact ◽  
A Company ◽  
Stock Corporation ◽  
Bürgerliches Gesetzbuch

Prior to an acquisition of a stock corporation the purchasers often perform a due diligence at the target company. The due diligence is the examination of the company and can cover the legal, commercial, environmental, financial and fiscal matters of the company. Under US law it is the purchaser's duty to examine a company accurately since the risk of any deficiencies is on him. German law, in contrast, does not require the purchaser to examine the company he purchases. According to § 442 (1) sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) the buyer does not have rights with respect to a defect, if he is unaware of this defect as a result of gross negligence on his part. While for some years now, the performance of due diligence prior to purchasing a company has become quite customary in Germany, German law does not yet require the person wanting to purchase a company to perform a due diligence.

scholarly journals A Step Towards Equality? The Admission of Women to Guardianship in the Austrian Civil Law in 1914

2021 ◽  
Vol 1 (2/2020) ◽  
pp. 141-170
Author(s):  
Sarah Stutzenstein
Keyword(s):  
19Th Century ◽  
Women's Movement ◽  
Civil Law ◽  
Female Gender ◽  
Civil Code ◽  
Legal Reforms ◽  
Minor Children ◽  
A Minor ◽  
The 19Th Century ◽  
Bürgerliches Gesetzbuch

According to the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch = ABGB) from 1811, there were almost no possibilities for a woman to obtain guardianship of a child. Instead, the married father possessed paternal authority (patria potestas), which included the sole guardianship of his legitimate children. If the father was unable to exercise paternal authority, the courts had to appoint a guardian for his minor children. Based on the assumption that the female gender lacked the necessary abilities, women were generally excluded from guardianship. Only at the end of the 19th century did the women’s movement start to mobilize against the frequent exclusion of women from the guardianship of their own children. Moreover, the drastic neglection of the young made legal reforms ever more urgent. The legal possibilities open to women for taking over guardianship of a minor were first extended with the legislative amendment to the ABGB in 1914 (1. Teilnovelle 1914). This paper will focus on the causes for the extension of legal possibilities of women concerning guardianship due to the first legislative amendment.

Allied by Surprise? The Economic Case For an Anti-Discrimination Statute

2003 ◽  
Vol 4 (7) ◽  
pp. 685-699 ◽  
Author(s):  
Andreas Engert
Keyword(s):  
German Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Private Law ◽  
Protestant Churches ◽  
Bürgerliches Gesetzbuch

The Bundestag's 1998-2002 term witnessed an unprecedented agenda in private law legislation. Besides profound changes in various areas, including a radical overhaul of the German Law of Civil Procedure, the German Bundestag (parliament) enacted a sweeping reform of the Bürgerliches Gesetzbuch (German Civil Code). Compared to these radical changes the proposed Act to Prevent Discrimination in Private Law seemed a rather modest endeavor. The project nonetheless turned out to be more troublesome than expected. In May 2002, it was shelved, due also to heavy lobbying activities by, inter alia, the Catholic and Protestant Churches. Yet it will no doubt soon re-enter the stage as Germany is under an obligation to translate two EU anti-discrimination directives into national law.

Consequences of Premature Self-Cure: The Lawless Buyer? – A Critical Review of Bundesgerichtshof's Decision of 23 February 2005

2006 ◽  
Vol 7 (1) ◽  
pp. 1-23
Author(s):  
Tobias Caspary
Keyword(s):  
Critical Review ◽  
German Law ◽  
Federal Court ◽  
Civil Code ◽  
Grace Period ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
The Law ◽  
Bürgerliches Gesetzbuch

More than three and a half years ago, the German law of obligations, codified in the second of the five books of the German Civil Code (Bürgerliches Gesetzbuch, BGB), underwent its greatest reform since the BGB was enacted on 1 January 1900. The Act to Modernize the Law of Obligations, the Schuldrechtsmodernisierungsgesetz, which came into force on 1 January 2002, dramatically altered the law of obligations. Whereas legal practitioners had almost no time to adapt to the new provisions, at least the German courts were granted a grace period. Nevertheless, by now the first cases involving the modernized law have reached the benches of the Bundesgerichtshof (BGH – Federal Court of Justice).This article deals with “one of the currently most controversially discussed questions” of the law of obligations: Whether a buyer, who cures a product's defect can claim reimbursement for the associated expenses (Aufwendungen) from the seller, without giving the seller an additional period of time for supplementary performance (Nacherfüllung). This manner of bringing the product into conformity with the contract can be described as a premature self-cure (verfrühte Selbstvornahme).

Kartellrecht und Rechtsmissbrauch

2019 ◽  
Author(s):  
Stefan Zenker
Keyword(s):  
Market Power ◽  
Competition Law ◽  
Civil Code ◽  
Private Law ◽  
Market Position ◽  
Market Participants ◽  
Eu Competition Law ◽  
Competitive Behaviour ◽  
Bürgerliches Gesetzbuch ◽  
Market Behaviour

The unfairness of corporate market behaviour is a key criterion of German and EU competition law, which can also be enforced by means of private law. However, these prohibitions only address companies that are dominant or have relative market power. By contrast, the objection to abuse of rights based on § 242 of the Bürgerliches Gesetzbuch (Germany’s civil code) applies to all private law subjects, including companies, regardless of their market position. Both the prohibition of abusive practices under competition law and objecting to abuse of rights allow market participants who are affected by impedimental entrepreneurial practices to defend themselves against such practices by means of private law. In this book, the author therefore examines the question of whether the application of § 242 of the BGB in order to regulate corporate behaviour actually undermines the objective of the legislator in the sense that it renders impeding competitive behaviour below the specific thresholds of competition law harmless.

scholarly journals Marriage Law and the Reformation

2017 ◽  
Vol 35 (2) ◽  
pp. 461-510
Author(s):  
Saskia Lettmaier
Keyword(s):  
Civil Code ◽  
Family Court ◽  
Marriage Law ◽  
The Reformation ◽  
The Family ◽  
The Future ◽  
State Of Affairs ◽  
Civil Courts ◽  
Bürgerliches Gesetzbuch ◽  
Do So

If a German couple wanted to get married today, they would have to consult the German Civil Code, theBürgerliches Gesetzbuchor BGB, for information on how to do so. From the BGB, they would learn that—provided that they are competent, more than 18 years of age, not related in a direct line or (half-) siblings, and not currently married—they can get married before theStandesbeamteror civil registrar. They would also learn that should they want a divorce in the future, any proceedings would have to be brought in the family court, which is a special division within the German civil courts of first instance, and that the judge hearing their case would be required to consider whether their marriage has “failed”: a state of affairs that that judge would be legally compelled to presume if one or both of them wanted the divorce (and they had lived apart for a prescribed number of years).

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