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Roman Law, Contemporary Law, European LawThe Civilian Tradition Today$
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Reinhard Zimmermann

Print publication date: 2001

Print ISBN-13: 9780198299134

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198299134.001.0001

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—The Transition from Civil Law to Civil Code in Germany: Dawn of a New Era?

—The Transition from Civil Law to Civil Code in Germany: Dawn of a New Era?

(p.53) Lecture Two—The Transition from Civil Law to Civil Code in Germany: Dawn of a New Era?
Roman Law, Contemporary Law, European Law


Oxford University Press

This lecture discusses the transition from civil law to civil code in Germany. Adjudication and scholarship under the Civil Code remain German emanations of the civilian tradition. When the Code entered into effect, on the first day of the new century, it was regarded as a triumph of German legal scholarship. What German arms had achieved on the battlefields of France — political unity — had now also been peacefully accomplished in the area of private law. The lecture examines the German Civil Code, the reaction of the Imperial Court to the codification of private law in areas such as tort law (rights and interests protected, Verkehrssicherungspflichten, liability for others), frustration, good faith, culpa in contrahendo, breach of contract, and third party loss. All in all, we get an overwhelming sense of continuity of development. The German Civil Code, the courts, and the law prior to codification are also considered.

Keywords:   civil law, civil code, Germany, private law, codification, tort law, good faith, culpa in contrahendo, breach of contract, third party loss

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