Civil Law in Germany

Civil law in Germany is also called private law. Its central foundation is the German Civil Code (Bürgerliches Gesetzbuch), supplemented by other laws. It governs relationships in which the parties are generally on an equal legal footing. Contracts are formed through matching declarations by the parties. They can create duties to pay, deliver, permit use, or provide a service. Many contracts can be made without a prescribed form, but a special form is required for certain transactions. The law of obligations covers contractual claims and statutory duties. Anyone who breaches a duty or causes damage may, under certain conditions, be required to compensate for it. The breach of duty, damage, cause, and responsibility are examined separately. Property law governs possession and ownership. Possession means actual control over an item; ownership means its legal attribution. A person can therefore possess an item without owning it. Special areas include sales law, tenancy law, family law, and inheritance law. Each area has its own terms and typical procedures. Family and inheritance matters are handled in part by specialized divisions of the courts. Claims must be clearly identified and pursued in good time. Limitation means that, after the applicable period has expired, an existing claim generally can no longer be successfully enforced if the other party invokes the limitation period. The exact start and any events that suspend or interrupt it depend on the case. Before bringing a case, a written request is often useful. It states the facts, the claim, and a reasonable deadline for performance. Negotiation, mediation, and conciliation can help avoid court proceedings. In civil proceedings, the parties present facts and evidence. The court decides the claims brought before it and applies the procedural rules. Depending on the outcome, the losing party may also have to bear the costs of the proceedings.