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The law of Germany (German: Recht Deutschlands), that being the modern German legal system (German: deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (Bürgerliches Gesetzbuch, or BGB) were developed prior to ...
The judiciary of Germany is the system of courts that interprets and applies the law in Germany. The German legal system is a civil law mostly based on a comprehensive compendium of statutes , as compared to the common law systems.
Based on the French civil law system Guinea: Based on French civil law system, customary law, and decree [15] Guinea-Bissau: Based on Portuguese civil law Georgia: Based on Napoleonic civil law Germany: Based on Germanic civil law. The Bürgerliches Gesetzbuch of 1900 ("BGB"). The BGB is influenced both by Roman and German law traditions. Greece
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
Germany follows the civil law tradition. The judicial system comprises three types of courts. Ordinary courts, dealing with criminal and most civil cases, are the most numerous by far. The Federal Court of Justice of Germany (Bundesgerichtshof) is the highest ordinary court and also the highest court of appeals.
Publication in the Reich Law Gazette on 24 August 1896. The introduction in France of the Napoleonic code in 1804 created in Germany a similar desire to draft a civil code (despite the opposition of Friedrich Carl von Savigny’s Historical School of Law) which would systematize and unify the various heterogeneous laws that were in effect in the country.
In the beginning, the court's supreme appellate jurisdiction was largely limited to trade law matters, but after the southern German states joined the Confederation in November 1870 to form the German Empire, the court—now known as Reichsoberhandelsgericht —received jurisdiction over various additional areas of civil law.
A national civil code (the Bürgerliches Gesetzbuch) went only into effect on 1 January 1900, and the civil law systems of the individual states were not harmonised with one another until this time. The General State Laws for the Prussian States, for the Rhineland, Baden, Saxony and uncodified common law all applied side by side. [5]