The German civil code

The German civil code – the law of civil law, which was adopted by the Reichstag in 1896, and entered into force four years later, in 1900.

The structure of the code is based on pandectae system, with the allocation of the General part, obligations, property, family and inheritance law. Thus, the code consists of five books, each of which has its own branch of law. The first book devoted to the General part. It discusses the main provisions of civil law, and the rules that determine the status of physical and legal persons, the legal capacity and the calculation of the limitation period.

The second Book is devoted to the law of obligations; book three reveals the position of property law; the fourth reveals the norms of family law; the fifth book covers the provisions of the family rights.

The German civil code of 1900 separates the legal capacity of legal entities and individuals. The latest legal capacity arises from the moment of birth, a capacity - reaches 21. Capacity was denied to people who are in a state of insanity, so their will was considered void.

Legal persons was only recognised companies, unions or companies. A legal entity was deemed to have capacity, this requires the act of creating an institution which must be approved by the Union government, under which the legal entity will have its registration. In the same book outlines the norms that reveal the reasons for the deprivation of the society of legal capacity. The German civil code of 1896 does not regulate the status of limited liability companies and joint stock companies. Provisions in respect of these legal forms of legal entities are contained in several existing law along with civil law.

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The German civil code concerning mandatory law establishes the only form of occurrence of liabilities – contract. Among other things, the second book clarifies the cases of invalidation of agreements. The reason for this may be a violation of the "good conscience” and “goodwill”.

The German civil code in the third book on property law reveals the varieties of this branch of law. To their list include: the right of ownership, right to use someone else's thing and obtaining this value, the right to purchase something. That provision expanded the rights of ownership, as well as providing protection against illegal seizure. Caused harm entails the obligation of compensation.

The German civil code reveals the rules of the marriage law. Marriage, according to them, was recognized as a secular legal institution, with the stipulation that the Church's obligations continue to apply regardless of the provisions of this book. It also regulated the age of marriage: women – sixteen years old, men – twenty-one years. In addition, I listed the cases impeding marriage, and divorce required was substantial reason, and only the mutual desire of the parties was not enough. Parenting – this is the right of both parents. Special attention is paid to children born out of wedlock.

The Rules of inheritance law is paid no less attention. Deals with the issue of the rules of inheritance, and the procedure of the application of inheritance law and its adoption by the heirs. In the absence of close relatives, the heirs are appointed in accordance with the degree of kinship, which was called “Tarantella”. First degree – the persons in a descending line, second degree – parents of persons in a descending line, a third degree – grandma and grandpa with descending. The German civil code introduces a distinctive feature of this branch of law. According to him, the surviving spouse was guaranteed ancestral support.

Thus, the code has become a fundamental piece of legislation that had a significant impact on legislation not only in Germany but also in other States.