Civil Code - a set of laws civil law, which was adopted by the Reichstag in 1896 and entered into force four years later, in 1900.
structure code based on pandectists, with a total allocation of part of a liability, 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 common part.It deals with the basic provisions of the civil law and the rules that define the status of physical and juridical persons capacity and the calculation of the limitation period.
second book is devoted to the law of obligations;third book reveals the position of property law;fourth reveals the norms of family law;fifth book illuminates the situation of family law.
Civil Code in 1900 shared the capacity of legal and physical persons.The legal capacity of the latter arises from the moment of birth, and the capacity to act - upon reaching 21 years.They were deprived of legal capacity the persons who are in a state of mental disorder, so they will be considered void.
Entities recognized as a society, associations or institutions.To a legal entity it has been recognized legal capacity necessary for this act of the creation of institutions, which must be approved by the federal state in which the entity will have its registration.In the same book sets out the standards that reveal the reasons for the deprivation of legal capacity of the company.Civil Code 1896 does not regulate the status of limited liability companies and joint stock companies.The provisions in respect of these types of legal entity are contained in a number of laws, in addition to the existing civil code.
Civil Code regarding the mandatory right to establish a single form of occurrence of obligations - the treaty.In addition, the second book clarifies cases of invalidation of contracts.The reasons for this can serve as a violation of "good conscience" and "good faith."
Civil Code in the third book of Property Act reveals the variety of this branch of law.These listings include: the right to property, the right to use someone else's thing and getting this value, the right to purchase anything.This legal provision has expanded the area of the rights of ownership, as well as provided them with protection against unlawful seizure.Causing the harm entails the obligation of compensation.
Civil Code reveals the rules of the marriage law.Marriage, according to them, acknowledged the secular legal institution, with the proviso that the religious duties continue to apply notwithstanding the provisions of this book.It also regulated the age of marriage: Women - sixteen men - twenty-one years.In addition, the listed cases affecting marriage and divorce were needed for substantive reasons, and only the mutual desire of the parties was not enough.Children - is the right of both parents.Special attention is paid to children born out of wedlock.
rules of succession given equal attention.Expands regard to inheritance, as well as the procedure for entry of inheritance law and the adoption of the heirs.In the absence of relatives heirs appointed in accordance with the degree of kinship, which was called "parantella."First degree - a person on the downlink, the second degree - the parents of persons on the downlink, the third degree - grandparents with downward.Civil Code introduces the distinctive features of this branch of law.According to him, the surviving spouse inherited guaranteed security.
Thus, the Code has become a fundamental piece of legislation that had a significant influence on legislation, not only in Germany but also in other countries.
