The german Civil Code and the development of Private Law in Germany
Keywords:
Private law, Legal history, German Civil Code, Modernization of the Law of ObligationsAbstract
The German Civil Code is a comparatively late fruit of the codification movement. The way towards legal unity by means of a code of private law had been long and arduous. In the first half of the nineteenth century, the various states joined in the Deutscher Bund (German Federation) had already started to accommodate the needs of an expanding economy which was operating increasingly on a supraregional level. The advent of machinery and urbanisation facilitated the production processes and the rising bourgeoisie favoured open markets promoting the free interplay of economic forces. Legal unification therefore was required, first and foremost, in the trade-related fields oflaw. A first significant step in this direction was the establishment of a German Customs Union in 1833. With the Modernization of the Law of Obligations, most of the special statutes in the field of consumer contract law have now found a place in the BGB. In addition, there have been reforms affecting the law of damages, contract of lease, form requirements, package holidays, and foundations.
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