This paper presents the essentials of a contract as a part of the German civil law and how it is governed through this law. An important characteristic of German civil law system which sets it apart from common law system is the codification of core rules received from Roman law. These codes are drafted in order to cover all relationships within the field of law they govern. The provisions of a code are the references for a great many practical legal problems arise within that field over time. The concept of codification was developed in order to form a base where the laws of a given field can be found in one category – the code – instead of creating many judicial decisions.
Beside its general part, German civil code contains other four divisions; the law of obligations, the law of property, the law of family or domestic relations, and the law of inheritance. The whole commercial law falls under the law of obligation regulated by the code. This includes e.g. the law of bills, notes, shipping, insurance, patents, copyrights, trademarks, contracts, and business transactions. This way of codification provides all citizens with a collection of laws they must follow. These laws constitute a systematic written collection of interrelated articles arranged by subject of matter.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- The Role of Contract Law
- Formation of a Contract
- Offer, Acceptance and Mutual Consent
- Defects of Consent
- Mistake
- Fraud
- Coercion
- Penalty Clauses
- Contractual Performance
- Excusable Non-Performance
- Contractual Remedies
- Discussion and Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This text aims to provide an overview of the essentials of contract law within the German civil law system. It explores the historical influences on German contract law, the principles of contract formation, and the mechanisms for addressing contractual disputes. The text also examines the role of contract law in mitigating risks and promoting efficient resource allocation.
- Codification of German Contract Law and its historical context
- The principles of contract formation under German law
- The role and function of contract law in a market economy
- Mechanisms for handling breaches of contract and available remedies
- Freedom of contract and its limitations within the German legal framework
Zusammenfassung der Kapitel (Chapter Summaries)
1. Introduction: This introductory chapter establishes the foundation for understanding German contract law by contrasting its codified nature with common law systems. It highlights the historical influences of Roman law and the comprehensive nature of the German Civil Code, emphasizing its role in regulating various commercial activities, from basic contracts to complex business transactions. The chapter sets the stage for a deeper exploration of the specific aspects of contract law within the broader German legal framework.
2. The Role of Contract Law: This chapter delves into the fundamental purpose of contract law, highlighting its global similarities while acknowledging the specific influences of Roman law and the French Civil Code on the German system. It adopts an economic perspective, viewing contracts as instruments for efficient resource allocation and mutual advantage. The chapter explores the concept of "Vertragsfreiheit," outlining the freedoms and limitations parties have in forming contracts while emphasizing contract law's role in mitigating risks and preventing opportunistic behavior. It underscores the importance of minimizing the costs associated with contracting, including the costs of drafting contracts, resolving disputes, and preventing incompatible behavior stemming from poorly constructed contracts.
3. Formation of a Contract: This chapter examines the legal requirements for valid contract formation under German law, drawing upon specific sections of the Civil Code. It details the crucial elements of offer, acceptance, and mutual consent, explaining how corresponding declarations of will create binding agreements. The chapter highlights the concept of "Zugang," defining when an offer or acceptance becomes legally effective and explaining the rules regarding revocation. It provides a framework for understanding the essential elements required for a legally sound and enforceable contract within the German system.
Schlüsselwörter (Keywords)
German Civil Code, Contract Law, Contract Formation, Offer and Acceptance, Mutual Consent, Defects of Consent, Contractual Performance, Breach of Contract, Remedies, Vertragsfreiheit, Codification, Roman Law, Economic Analysis of Law.
Frequently Asked Questions: German Contract Law
What is the purpose of this text?
This text provides a comprehensive overview of essential German contract law principles within the German civil law system. It explores historical influences, contract formation, dispute resolution mechanisms, and the role of contract law in risk mitigation and efficient resource allocation.
What topics are covered in the text?
The text covers a range of topics including: the codification of German contract law and its historical context; principles of contract formation under German law; the role and function of contract law in a market economy; mechanisms for handling contract breaches and available remedies; freedom of contract and its limitations within the German legal framework; offer, acceptance, and mutual consent; defects of consent (mistake, fraud, coercion); penalty clauses; contractual performance; and excusable non-performance.
What is the structure of the text?
The text is structured with an introduction, followed by chapters on the role of contract law, contract formation, contractual performance, and a concluding discussion. Each chapter provides a detailed explanation of relevant concepts and principles. A table of contents, objectives and key themes, chapter summaries, and keywords are also included.
What are the key themes explored in the text?
Key themes include the historical development of German contract law, the principles of offer and acceptance, the impact of defects in consent on contract validity, the importance of contractual performance, the various remedies available for breach of contract, and the concept of "Vertragsfreiheit" (freedom of contract) and its limitations.
What is the significance of the German Civil Code (Bürgerliches Gesetzbuch)?
The German Civil Code is central to the text. It's presented as the codified foundation of German contract law, distinguishing it from common law systems and shaping its principles and regulations.
How does the text approach the subject of contract formation?
The text meticulously explains the requirements for valid contract formation under German law, detailing the elements of offer, acceptance, and mutual consent, along with the concept of "Zugang" (when an offer or acceptance becomes legally effective) and rules regarding revocation.
What aspects of contractual performance and remedies are covered?
The text examines situations of excusable non-performance and delves into the various contractual remedies available under German law when a breach occurs.
What is the role of Roman law and the French Civil Code in the German system?
The text highlights the significant historical influences of both Roman law and the French Civil Code on the development and structure of the modern German contract law system.
What is "Vertragsfreiheit," and how is it addressed?
"Vertragsfreiheit" refers to freedom of contract. The text explains this fundamental principle within the German legal framework, including its limitations and its role in promoting both efficiency and fairness in contractual relationships.
Who is the intended audience for this text?
The text appears geared towards academic audiences, providing a structured and professional analysis of themes in German contract law. The level of detail suggests it's suitable for students or researchers in law.
- Quote paper
- Anonym (Author), 2018, The Essential of a Contract in German Civil Law, Munich, GRIN Verlag, https://www.grin.com/document/516595
