European Union Law

German Civil Code: Article-by-Article Commentary Volume I & II Set

Edited by Gerhard Dannemann · Reiner Schulze
Verlag C.H. Beck November 2022

Specifications

ISBN-13
9783406797040
Publisher
Verlag C.H. Beck
Publication
November 2022
Format
Hardback (2 volumes)
Jurisdiction
Germany ? Countri(es) for reference only

Details

The Bürgerliches Gesetzbuch (BGB) in the version as from 2 January 2002 is the very backbone of German civil law. Its institutions and principles are essential for the understanding of the law of Europe’s major legal systems.

The two volumes, comprising over 3500 pages, constitute a full and comprehensive English language commentary of all five books of the BGB: General Part of the BGB, the Law of Obligations, and the Law of Property (Volume I), Family Law and the Law of Succession (Volume II).

The commentary of each article is headed by the version of the article at the time of publication (Volume 1: 2020; Volume 2: 2022) both in the German original and an English translation followed by a clearly and uniformly structured analysis of the provision. Focus is laid on the understanding of the purpose and meaning of the provision in the context of the code and the correct use of the terminology both in German and English. As the mean-ing of the BGB does not always follow from the wording of its pro-visions, especially if translated into another language, further explana-tion is absolutely essential. Facing this challenge, the commentary meets the expectations both of German and foreign lawyers by providing the correct terminology and explanation in English to lawyers and translators and by offering a systematic overview on the BGB to lawyers who are not very familiar with German civil law.

The commentaries in Volume I reflect the law on 31 December 2018, whereas subsequent changes in legislation were incorporated until 31 December 2019. The commentaries in Volume II reflect the law in July 2021, whereas subsequent changes in legislation were incorporated until 1 July 2022.

Table of Contents

Volume I

Foreword
Preface
List of authors
Abbreviations of legislation, legislative drafts and model rules
Abbreviations of cited works
List of abbreviations and abbreviated literature
Introduction
Book 1: General Part
Division 1. Persons
Division 2. Things and animals
Division 3. Legal transactions
Division 4. Periods of time and fixed dates
Division 5. Limitation
Division 6. Exercise of rights, self‐defence, self‐help
Division 7. Provision of securitiy
Book 2: Law of Obligations
Division 1. Subject matter of obligations
Division 2. Drafting contractual obligations by means of standard business terms
Division 3. Contractual obligations
Division 4. Extinction of obligations
Division 5. Transfer of a claim
Division 6. Assumption of debt
Division 7. More than one obliger and obligee
Division 8. Particular types of obligations
Book 3: Law of Property
Division 1. Possession
Division 2. General provisions on rights in land
Division 3. Ownership
Division 4. Servitudes
Division 5. Right of preemption
Division 6. Charges on land
Division 7. Mortgage, land charge, annuity land charge
Division 8. Pledge of movable things and over rights
Index

Volume II

Preface
List of Authors
Abbreviations of Legislation, Legislative Drafts and Model Rules
Abbreviations of Cited Works
List of Abbreviations and Abbreviated Literature
Overview of Books IV and V BGB
Book 4: Family Law
Division 1. Civil Marriage
Division 2. Relationship
Division 3. Guardianship, legal curatorship, custodianship
Book 5: Law of Succession
Division 1. Succession
Division 2. Legal position of the heir
Division 3. Will
Division 4. Contract of inheritance
Division 5. Compulsory share
Division 6. Unworthiness to inherit
Division 7. Renunciation of inheritance
Division 8. Certificate of inheritance
Division 9. Purchase of an inheritance
Index
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