Why has the German Civil Code Proven so Durable?

This paper explores possible reasons for the longevity of the German Civil Code (Burgerliches Gesetzbuch) using mostly English language sources. The introduction reviews the reasons usually given for the durability of the Code in the context of the history of Germany. None are completely satisfactor...

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Bibliographic Details
Published in:European journal of law and economics 1999, Vol.7 (1), p.65-92
Main Author: Senn, Peter
Format: Article
Language:English
Subjects:
Civil code
Codes
Economics
Family law
German Civil Code
Germany
History
History of law
Law
law and economics
legal evolution
legal history
Legislation
Methodology
Nazi groups
philosophy
Politics
Social change
Society
Sociology of law
Studies
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Summary:This paper explores possible reasons for the longevity of the German Civil Code (Burgerliches Gesetzbuch) using mostly English language sources. The introduction reviews the reasons usually given for the durability of the Code in the context of the history of Germany. None are completely satisfactory. The next section is devoted to a description of the Code. It concludes with attention to the patriotic motives of its developers, an important factor in determining its unique character. The third part examines what social scientists and legal scholars, with an emphasis on sociologists, have written about legal evolution and this important legislation. Their results, although often interesting and provocative, made no substantial contribution to the problem. The "Conclusions" summarize and make the point that it is not known what determines the quality or durability of legal systems. [PUBLICATION ABSTRACT]
ISSN:0929-1261
1572-9990
1572-9346