Bürgerliches Gesetzbuch has part(s) law of obligations (Germany)
Germany from 1945
When Germany was divided into a democratic capitalist state in the West and a socialist state in the East after World War II, the BGB continued to regulate the civil law in both parts of Germany. Over time the BGB regulations were replaced in East Germany by new laws, beginning with a family code in 1966 and ending with a new civil code (Zivilgesetzbuch) in 1976 and a contract act in 1982. Since Germany's reunification in 1990, the BGB has again been the codification encompassing the civil law of Germany.
In West and reunited Germany, the BGB has been amended many times. The most significant changes were made in 2002, when the Law of Obligations, one of the BGB's five main parts, was extensively reformed. Despite its status as a civil code, legal precedent does play a limited role; the way the courts construe and interpret the regulations of the code has changed in many ways, and continues to evolve and develop, due particularly to the high degree of abstraction throughout. In recent years lawmakers have tried to bring some outside legislation "back into the BGB". For example, aspects of tenancy legislation, which had been transferred to separate laws such as the Miethöhengesetz ("Rental Rate Act") are once again covered by the BGB.
The BGB continues to be the centerpiece of the German legal system. Other legislation builds on principles defined in the BGB. The German Commercial Code, for example, contains only those rules relevant to merchant partnerships and limited partnerships, as the general rules for partnerships in the BGB also apply.
The BGB is typical of 19th century legislation and has been criticized from its very beginnings for its lack of social responsibility. Lawmakers and legal practice have improved the system over the years to adapt the BGB in this respect with more or less success. Recently, the influence of EU legislation has been quite strong and the BGB has seen many changes as a result.
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