A brief description of the features of the German Civil Code of 1900

This paper briefly describes the connection and difference between the basic principles of civil law embodied in the German Civil Code of 1900 and the French Civil Code of 1804. The German Civil Code implements the basic principles of bourgeois civil law and is generally the same as the French Civil Code, such as unlimited ownership of private property; freedom of contract; negligence liability, etc., but because they are in different historical periods and different countries, there are still several differences: (1) the German Civil Code provides for some restrictions while maintaining private ownership; (2) With regard to the principle of freedom of contract, the German Civil Code only recognizes the external effect of an expression of intent, and in the event of a discrepancy between the original intention of the parties and the intention expressed, the expressed intention shall prevail; The French Civil Code focuses on protecting the original intention of the parties, rather than the external expression of the intention; (3) The principle of attribution of tort in the German Civil Code has its own characteristics and provides for the "principle of proof".

1) There have been a number of changes in the implementation of the basic principles of capitalist civil law; (2) The legal person system is regulated, and the provisions on personal employment have a certain status in the Code; (3) a large number of common provisions are provided to meet the needs of development; (4) more feudal remnants were retained; (5) The Code is known for its precision, science, and rigor, but it is difficult to understand.

The German Civil Code is a legal document in Germany that contains legal provisions on marriage, inheritance, contracts, property and debts. Its history can be traced back to the ancient Roman period, when the Roman Empire had already established a complete system of civil law.

The emergence of the German Civil Code was also influenced by Roman law, but the formation of the German Civil Code was also influenced by other countries and regions. For example, the German Code of 1804 (also known as the "Soviet Code") was enacted under the influence of the French republican form of government.

Over the centuries, the German Civil Code has also been influenced by political, social and cultural changes. For example, after the Second World War, many provisions of the German Civil Code were amended or repealed and replaced by a new Civil Code.

Overall, the German Civil Code is the result of a combination of historical, political, cultural and social changes.

A brief description of the features of the German Civil Code.

View answer analysis [Correct answer] (1) The code adapts to the needs of monopoly capitalist economic development and has changed in implementing the basic principles of bourgeois civil law. First, the Code affirms the principle of unrestricted ownership of private property by citizens. Second, the code affirmed the capitalist principle of "freedom of contract" and directly protected the exploitation of wage laborers by the bourgeoisie and the Junker aristocracy.

Finally, in terms of civil liability, the Code also affirms the principle of "liability for negligence".

2) The Code provides for the legal person system. It recognizes legal persons as subjects of civil rights, and independently enjoys civil rights and bears civil obligations in accordance with the law.

3) The code retains a strong feudal remnant. First, a large amount of space was devoted to the special protection of the Junker aristocracy's right to land ownership and other rights arising from the dissolution of private land, such as superficial rights and easements. Second, there are remnants of medieval patriarchy in terms of kinship law.

4) The code pays attention to the logical system, scientific concepts, and precise terminology in legislative technology. （p288-p291）

Answer analysis] Knowledge points of this question: Civil and Commercial Law (Germany),

1. Features. 1. The German Civil Code is a conservative and conservative code.

2. On the basis of the experience and achievements accumulated in the academic development of codification and jurisprudence (especially civil law) over the past 100 years, there has been significant progress compared with the French Civil Code in terms of codification technology and the development of civil law.

3. A masterpiece of law with a long lifespan.

4. Based on some mature concepts, doctrines and systems.

5. The superiority of the legislative technology of the German Civil Code.

2. Significance. 1. It inherited the tradition of Roman law, combined with some customs of Germanic law, and was formulated according to the new situation of the development of the capitalist economy in the 19th century, so that its content went beyond the scope of the legal principles of the liberal capitalist period, and to a certain extent adapted to the needs of the monopoly capitalist period.

It came into force on January 1 of the same year, and shall continue to apply to the Republic of Germany and the Federal Republic of Germany, and shall remain in force thereafter.

3. This is the second important civil code of civil law countries after the French Civil Code.

The structure of the German Civil Code is divided into five codifications. This is also one of its great features.

The civil codes of various countries formulated according to the model of the Code of Justinian are generally divided into four parts: persons, debts, goods and inheritance (the specific arrangements may vary from country to country).

The German Civil Code, on the other hand, breaks with this tradition by making the General Provisions the first part. The General Provisions are followed by four parts: the Law of Obligations, the Law of Property Rights, the Law of Relatives and the Law of Inheritance. This largely follows the division of Roman jurists.