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Topic: German Civil Code


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In the News (Fri 25 Dec 09)

  
  Civil code - Wikipedia, the free encyclopedia
The first civil code promulgated in America was that of Louisiana of 1804, inspired by the 1800 project of the French civil code, known as the Projet de l'an VIII (project of the 8th year); nevertheless, in 1808 a Digeste de la loi civile was sanctioned.
Chile promulgated its civil code in 1855, an original work in confront with the French code both for the scheme and for the contents (similar to the Castillan law in force in that territory) that was written by Andrés Bello (begun in 1833).
Paraguay adopted the Argentine code in 1876, and in 1877 Guatemala adopted the Peruvian code of 1852.
en.wikipedia.org /wiki/Civil_code   (1400 words)

  
 Civil law (legal system) - Wikipedia, the free encyclopedia
Civil law is system of law that has its origins in Roman law and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges.
Civil or civilian law is a legal tradition which is the base of the law in the majority of countries of the world, especially in continental Europe, but also in Quebec (Canada), Louisiana (USA), Puerto Rico (a U.S. territory), Japan, Latin America, and most former colonies of continental European countries.
In China, the German Civil Code was introduced in the later years of the Qing Dynasty and formed the basis of the law of the Republic of China which remains in force in Taiwan.
en.wikipedia.org /wiki/Civil_law_(legal_system)   (1355 words)

  
 [No title]
The codes of Armenia, Kazakstan, Kyrgyzstan, Tajikistan, and Uzbekistan are derived from the Civil Code of the Russian Federation and the closely-related Model Civil Code of the Commonwealth of Independent States.
The Codes of Georgia and Turkmenistan are derived from the nineteenth-century German Civil Code.
Furthermore, the draft Code necessarily omitted the important provisions of the patent and trademark laws dealing with examination of patent and trademark registration applications by Russia's Patent Office, because these provisions were considered to be administrative law, not civil law (and thus unsuitable for inclusion in a "civil" code).
home.law.uiuc.edu /~pmaggs/codes.htm   (6205 words)

  
 Civil law
Civil law (as opposed to common law) is a legal tradition which is the basis of the law in many countries of the world, especially in continental Europe, but also Quebec, Louisiana, Japan, Latin America, and elsewhere.
Civil lawsuits sometimes occur as a result of criminal action, and such a lawsuit can be successful even when the defendant was found not guilty under criminal law.
Civil law (as opposed to "canon law") is the secular legal system of the national government when there is also a system of ecclesiastical courts governed by a church's laws in the same country.
www.knowledgefun.com /book/c/ci/civil_law.html   (649 words)

  
 Civil Law - dKosopedia
Civil Law countries have a "Civil Code" usually based either on the French Civil Code established by Napoleon (which in turn has some basis in the Roman Empire's Civil Law), or on the German Civil Code, established in the tradition of "German legal science" as a refinement of the French Civil Code.
The ease with which a Civil Code could be adopted by a country with no history of a Westernized court system is one of the main reasons the Civil Law system has been favored outside of Europe by developing and undeveloped countries.
The term Civil Rights which now has a specialized meaning in the U.S. legal culture, once referred to the rights granted by a Civil Code or their Common Law equivalents.
www.dkosopedia.com /wiki/Civil_Law   (738 words)

  
 Wikinfo | Civil law   (Site not responding. Last check: 2007-11-01)
Some authors consider that civil law latter served as the foundation for socialist law used in Communist countries, which in this view would basically be civil law with the addition of Marxist-Leninist ideas.
Some civil lawsuits such as the U.S. federal RICO Racketeering, Influence, and Corrupt Organizations statutes allow for a private right of action for damages when someone has suffered due to the violation of certain predicate crimes under federal law (such as wire and mail fraud and other specifically enumerated federal offenses).
This was the situation in England that repeatedly caused problems between the two legal systems, most famously perhaps the one that led to the murder of Thomas a Becket during the reign of Henry II of England.
www.wikinfo.org /wiki.php?title=Civil_law   (720 words)

  
 Research Links
The Japanese Civil Code was enacted after the Meiji Restoration(1867) as part of the modernization of the Japanese legal system and the movement to eradicate extraterritoriality which was imposed by the Western Powers in the 1850's and had finally abolished in 1899.
Because the code affected the social and economic life of the nation in all its aspects, it became a topic of great consideration among the educated classes.
It is true that the new Japanese Civil Code was based upon comprehensive research in the laws of a large number of civilized nations.
www.law.du.edu /elliot/sanglee/research.htm   (939 words)

  
 The Ultimate Bürgerliches Gesetzbuch Dog Breeds Information Guide and Reference
The Bürgerliches Gesetzbuch (or BGB) was the civil code of the German Empire and continues to act as the central law for German civil law.
Step by step, however, the BGB regulations were replaced in East Germany by new laws, beginning with a family code in 1966 and ending with a civil code in 1976 and a contract act in 1982.
One particularly important and distinguishing element in the system of the BGB is the principle of abstraction (in German legal terminology “Abstraktionsprinzip”, although the word does not appear anywhere in the statute itself), which dominates the entire code and is vital for the understanding of how the BGB treats contracts.
www.dogluvers.com /dog_breeds/BGB   (924 words)

  
 German American Law Journal :: American Edition
The Civil Code is a key statute in Germany that extends beyond contracts, torts, property, family and estate and probate matters into intellectual property, corporate and commercial matters.
German prosecutors usually apply the five-year statute of limitations in § 264a of the German criminal code, Strafgesetzbuch.
The code is not visible there through the search function but it is available today the website of the government commission that developed it.
www.recht.us /amlaw   (4613 words)

  
 code civil
The Civil Code was followed by a Code of Civil Procedure in 1806, a Commercial Code in 1807, a Criminal Code and Code of Criminal Procedure in 1808 and a Penal...
The present Civil Code shall determine the legal status of participants in the civil turnover and regulate the...
India is considering the adoption of a Uniform Civil Code that would replace a multitude of religious laws which apply only to the adherents of particular religions.
www.jointctr.org /?Category=code+civil   (819 words)

  
 German Law Resources
German Civil Code of the Federal Republic of Germany.
Code of Civil Procedure for the Federal Republic of Germany.
English translation of the Code of Civil Procedure of the Federal Republic of Germany of January 30, 1877.
www.ll.georgetown.edu /find/resource_display_subject.cfm?topic_id=328   (1086 words)

  
 Law of Germany - UofM Law School
The German legal system is based on the civil law tradition which has at its core five codes: civil, civil procedure, commercial, criminal, and criminal procedure.
The civil code is divided into 5 books: the general part, obligations, property, family, and inheritance.
An English translation of some recent civil statutes, including the recent Law of Obligations and portions of the Standard Contract Terms Act, is on the web at the German Law Archive (http://www.iuscomp.org/gla/index.html).
www.law.umn.edu /library/tools/pathfinders/germanlaw98.html   (2211 words)

  
 LLRX -- German Business and Commercial Laws: Guide to Translations into English and Select Auxiliary Sources
The Code of Civil Procedure Rules of the Federal Republic of Germany of January 30, 1877 and The Introductory Act for the Code of Civil Procedure Rules of January 30, 1877.
Translation of the German Civil Code (BGB) as amended to January 1, 1992, and of the Introductory Act to the Civil Code (EGBGB) of August 15, 1896 (including amendments to January 1, 1992), with an introduction in English and a German-English/English-German index.
A compilation of German labor law in the vernacular from the homepage of the German Federal Ministry of Labor.
www.llrx.com /features/german.htm   (5528 words)

  
 Franco Ferrari
In civil law, not unlike in common law, within the field of civil liability,[1] one generally distinguishes contractual liability from tortious liability,[2] even though some legislatures provide general rules applicable to both contract law and tort law.
The German Civil Code, for example, dedicates sections 241 through 304 to the Schuldrecht im allgemeinen, [3] i.e., to obligations in general; the Italian Civil Code, unlike the French Civil Code which is based on the Institutionensystem, [4] does so as well in Italian Civil Code articles 1173-1320.
The German Civil Code (hereinafter BGB) is based on the so called Pandekten-system, according to which a civil code should be divided in different parts: (1) a general part, encompassing rules relating to all kinds of vincula iuris, as well as parts relating to (2) obligations, (3) property, (4) family, and (5) succession.
www.cisg.law.pace.edu /cisg/biblio/ferrari9.html   (4922 words)

  
 Hoff v. American Futures - April 20, 1998
In similar recent cases involving German resident complainants, however, the Office of Proceedings has referred to a legal opinion which relies on Section 110 of the German Code of Civil Procedure to establish a right to a waiver.
As will be discussed, however, the Commission has recently held that Section 110 of the German Civil Code is insufficient to establish a right to a waiver of the bond requirement.
Moreover, in a subsequent opinion, the Commission has held that a bond waiver request based solely on Section 110 of the German Civil Code is an insufficient basis to satisfy the bond waiver reciprocity requirement in Rule 12.13(b)(4).
www.cftc.gov /ogc/oporders98/ogchoff_042098.htm?format=printable_xhtml   (628 words)

  
 GLOSSARY (German)
Improvement of the protection of female witnesses in trials concerning trafficking in human beings by granting a right of residence during the German criminal proceedings for which they are available as witnesses, and for the duration of their endangerment following the trial; right of accessory prosecution for victims of trafficking in human beings.
Closer cooperation between the German and foreign authorities is necessary to this end.
Transformation of arms production into civil goods production and of military areas and buildings for the civil training of women in the conversion sector: engineers, architects, etc. - Ban on the export of arms and punishment of violations, improved cohesion of the individual Federal Ministries.
www.un.org /documents/ga/conf177/natrep/germany/nap1996-germ-part2.htm   (1632 words)

  
 Civil Law 101   (Site not responding. Last check: 2007-11-01)
Civil law judges are usually trained and promoted separately from attorneys, whereas common law judges are usually selected from accomplished and reputable attorneys.
Also, the influence of academic writing by law professors on case law tends to be much greater in civil law countries.
Portugal and Italy have evolved from French to German influence, as their XIX century civil codes were close to the Napoleonic Code and their XX century civil codes are much closer to the German BGB.
www.juiceenewsdaily.com /1105/business/civil_law.html?1130959193812   (1170 words)

  
 Freedomlaw.com Common Law versus Civil Law Jurisdictions
Spanish law was also influenced by the French Civil Code as well as by local customary law and other law with Roman sources.
The German legal group consists of countries influenced by the German Civil Code of 1896 and by the German Pandektenwissenschaft which was the study of Justinian's law of the Pandect.
The Austrian General Civil Code of 1811 and the Swiss Civil Code of 1907 bear the stamp of the pandectists.
freedomlaw.com /COvCVLaw.html   (473 words)

  
 BMJ | Pressemitteilungen
The German Federal Ministry of Justice has commissioned a translation of the Bürgerliches Gesetzbuch (or BGB), the civil code of Germany.
German law consists of three main parts: Private Law, Public Law and Criminal Law.
The BGB is the core of Private Law, the body of German law which determines relations between two private legal entities (for example a buyer and a seller, an employer and an employee, a tenant and a landlord).
www.bmj.de /enid/58.html?presseartikel_id=2552   (281 words)

  
 Useful links on Civil Law
German Civil Code (German version), excerpts (English version, English&German version).
Swiss Civil Code (Italian version, German version, French version).
Civil and Civil Procedure Code of Indiana (English version).
icpo-vad.tripod.com /civen.html   (154 words)

  
 German Law Journal - Preparing Germany for the 21st Century: The Reform of the Code of Civil Procedure - Part I/II
German Law Journal - Preparing Germany for the 21st Century: The Reform of the Code of Civil Procedure - Part I/II HTML-Offprint from: German Law Journal Vol.
The law set out for a major overhaul of the Code of Civil Procedure concentrating on four main issues: (1) strengthening the first instance, (2) limiting the second instance appeal of law and facts (Berufung), (3) limiting the review appeal on law and procedure (Revision), and (4) simplifying the miscellaneous appeal (Beschwerde)[15].
In answering these questions, German courts essentially had to balance the clear-cut wording of ZPO §321a and the constitutional requirement to provide for effective protection of the right to be heard.
www.germanlawjournal.com /print.php?id=603   (5314 words)

  
 Table of contents for The new German law of obligations
The German Civil Code and the Development of Private Law 5 in Germany 2.
The German Civil Code and the Development of Private Law in Germany 5 I.
The German Civil Code as a late fruit of the codification movement 6 III.
www.loc.gov /catdir/toc/ecip0518/2005024540.html   (731 words)

  
 Germany 9 June 1995 Appellate Court Hamm [translation available]
As the CISG does not contain provisions on set-off, the court held that this question was to be decided in accordance with German law as the governing law chosen by the parties.
According to article 387 of the German Civil Code, set-off presupposes the existence of a counter-claim.
This choice of German law, in turn, leads to the application of the CISG which is part of German law and which has, within its scope of application, priority over the German Civil Code.
cisgw3.law.pace.edu /cases/950609g1.html   (2180 words)

  
 GlobaLex - German Business and Commercial Laws Guide
She holds the German equivalent of a master's degree in library science from the Fachhochschule für Bibliotheks- und Dokumentationswesen Köln (Cologne School of Library Science and Records Management, 1980).
Part of the Civil Code, the Law of Obligations was reformed in 2001.
English Translation of the German Takeover Code of 1998, the Securities Acquisitions and Takeovers Act of December 2001 and the Securities Acquisitions and Takeovers Act - Bid Regulation of December 2001 and national takeover legislation and regulations from the other member states of the European Union and Switzerland.
www.nyulawglobal.org /globalex/Germany_Business.htm   (2315 words)

  
 germany   (Site not responding. Last check: 2007-11-01)
Section 613a of the German Civil Code deals with the transfer of business.
As of April 1, 2002, section 613a of the German Civil Code has been extensively changed.
Each employee affected by a transfer of business now has to be notified in “textual form” either by the seller or the purchaser.
www.shrm.org /global/publications/baker/0502glob/docs/germany.htm   (931 words)

  
 Capital University Law School
This course is an introduction to the civil law in Europe and to the Civil Codes of selected European countries.
Students will study the civil legal system from the Roman legal system through the modern German Civil Code.
Comparisons will be made with the civil law of France, Switzerland, Scandinavia and with canon law principally in the areas of tort law, contract law and family law.
www.law.capital.edu /International/Germany/Courses.asp   (168 words)

  
 Baker & McKenzie - Global E-Commerce Law -- Germany   (Site not responding. Last check: 2007-11-01)
new law (German only) for electronic signatures in German, transposing the EU Directive for Electronic Signatures of 1999.
German Lower House of Parliament passed a measure on February 15, 2001 authorizing electronic signatures in Internet transactions in line with the EU Directive 1999/93/EC on a Community Framework for Electronic Signatures.
This initative will take effect after the German civil code is updated around June or July of 2001.
www.bakernet.com /ecommerce/germany-t.htm   (518 words)

  
 Juris Publishing Catalog - Mergers and Acquisitions in Germany - 2nd Edition
His German Handbook "Unternehmenskauf und Restrukturierung" was recently published in its 2nd edition by C. Beck.
The financing of corporate acquisitions as well as the special characteristics and the tax aspects of management buy-outs and leveraged buy-outs.
German and European antitrust law and the private international law of the corporate acquisition.
www.jurispub.com /books.asp?id=82&mode=toc   (394 words)

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