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German Civil Code: Article-by-Article Commentary Volume I

German Civil Code: Article-by-Article Commentary Volume I

  • 作者:
  • 出版商: Verlag C.H. Beck
  • ISBN: 9783406700354
  • 出版时间 August 2020
  • 规格: Hardback
  • 适应领域: Germany ? 免责申明:
    Countri(es) stated herein are used as reference only
¥3,125.50
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  • 描述 
  • 大纲 
  • 详细

    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.

    This article-by-article commentary covers books 1 to 3 of the code, i. e. General Part, Law of Obligations, Law of Things. The commentary provides a consolidated version of the BGB

    The commentary of each article is headed by the current version of the article 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 meaning of the provision in the context of the code and the proper use of the terminology both in German and English. As the meaning of the BGB does not always follow from the wording of its provisions, especially if translated into another language, they need further explanation. Taking into account the origin of the BGB in 19th century Germany and the difficulties inherent in any legal translation, the proper use of terminology is the real challenge of the commentary. Facing this challenge, the commentary meets the expectations both of German and foreign lawyers by providing the proper 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 the German civil law.

    The commentaries reflect the law on 31 December 2018, whereas subsequent changes in legislation were incorporated until 31 December 2019.

  • 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

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