History of state and law of foreign countries. Development of bourgeois civil law: German civil code (most important)

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History of state and law of foreign countries. Development of bourgeois civil law: German civil code (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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The Development of Bourgeois Civil Law: The German Civil Code

One of the largest and most striking monuments of bourgeois law is the German Civil Code, put into effect in 1900 BC

Before 1900 BC individual states that were part of the empire and even small Sami areas within these states had their own legislation, their own special legal customs.

General imperial laws, of course, existed, but they had very little to do with civil law. Let us point out, for example, the regulations on usury, guardianship and notaries contained in police regulations XVI century.

To characterize local (particular) law, let us refer to the example of Bavaria. In total, there were 44 statutes regulating civil legal relations. Despite this number, they contained a lot of gaps.

It was somewhat different in Prussia, where the so-called Prussian Zemstvo Code was in force 1794 BC, which in the course of application supplanted local legal regulations. However, drawn up under the influence of the oppressive fear that the French Revolution brought to the ruling dynasties, the Prussian Code corresponded to a very small extent with bourgeois relations. It was a code of feudal law updated in the spirit of the times. He retained serfdom, guilds, the special status of family estates and the unlimited power of landowners over peasants.

The compilation of a general imperial code of civil law became possible only after the unification of Germany, but even during this period it was not easy: the code came into force 26 years after the appointment of a commission to compile it.

The German Civil Code was drawn up according to the so-called pandect system. It does not consist of three parts, like the Napoleonic Code, but of five: a general part (about individuals and legal entities, transactions and things in general, prescription, etc.) and four special ones: the law of obligations; property right (property, possession); family law; inheritance law.

German Civil Code (hereinafter - GGU) surpasses the French code in its total volume (2385 paragraphs). It is written in heavy language, accessible only to specialists; understanding is made difficult by the abundance of references from one article to another and by unusual terminological equipment. The German Code reveals specific techniques characteristic of bourgeois law-making during the period of imperialism: vague wording, abuse of references to flexible and non-legal criteria that can be understood differently and received the ironic name “rubber rules” (I. S. Peretersky). These are references to “good morals”, “good conscience”, etc.

The essential features of the GGU are determined by some specific circumstances: the German bourgeoisie had to put up with the political predominance of the Junkers and therefore take for granted the preservation of feudal land ownership and many associated remnants of the past era.

At the same time, as we will see below, the GGU is closely connected with its era, expressing the essential features of bourgeois law of imperialism. A special chapter is devoted to legal entities, i.e., capitalist associations of various kinds; the corresponding norms of the code ensure the interests of industry and trade, imposing, in appropriate cases, a curb on still revered land ownership, etc. In the “spirit of the times,” but in no way encroaching on the interests of capitalists, the GGU extends to the “social responsibilities” lying on the employer , “good conscience” as an indispensable condition for civil transactions, the fight against “unfair competition”, etc.

Author: Selyanin A.V.

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