The German Civil Code is a code of civil law that was adopted by the Reichstag in 1896, and came into effect four years later, in 1900.
The structure of the code is based on the pandectic system, with the allocation of the common part, obligation, property, family and inheritance law. Thus, the code consists of five books, each of which corresponds to its own branch of law. Book one is devoted to the general part. It considers the main provisions of civil law, as well as the rules that determine the status of an individual and legal entity, legal capacity and calculation of statutes of limitations.
The second book is devoted to the law of obligations; the third book reveals the provisions of property law; the fourth reveals the rules of family law; the fifth book covers the provisions of family law.
The German Civil Code of 1900 shares the legal capacity of a legal entity and an individual. The legal capacity of the latter arises from the moment of birth, and legal capacity upon reaching 21 years of age. Persons who are in a state of mental disorder were deprived of legal capacity, therefore their expression of will was considered null and void.
Legal entities recognized only societies, unions or institutions. In order for a legal entity to be recognized as capable, this requires an act on the establishment of an institution, which must be approved by the union state, within which the legal entity will have its registration. The same book sets out the rules that reveal the reasons for depriving a society of legal capacity. German Civil Code of 1896 does not regulate the status of limited liability companies, as well as joint-stock companies. Provisions for these forms of legal entity are contained in a number of laws that exist along with the civil code.
The German Civil Code in the part on compulsory law establishes the only form of obligation - the contract. Among other things, the second book clarifies cases of invalidation of contracts. The grounds for this may be a violation of “good conscience” and “goodwill”.
The German Civil Code in the third book on property law reveals varieties of this branch of law. Their list includes: the right of ownership, the right to use someone else’s thing and to receive from this value, the right to acquire something. This legislation has expanded the scope of tenure rights and also provided them with protection against unlawful seizure. The infliction of harm entails the obligation to compensate it.
The German Civil Code reveals the rules of marriage law. According to them, a secular legal institution was recognized as a marriage, with the proviso that church duties continue to operate regardless of the provisions of this book. She also regulated the age of entry into marriage: women - sixteen years old, men - twenty-one years old. In addition, cases that prevented marriage were listed, and significant reasons were necessary for divorce, and only the mutual desire of the parties was not enough. Parenting is the right of both parents. Special attention is paid to children born out of wedlock.
The rules of inheritance law are given no less attention. The question of inheritance rules, as well as the procedure for the entry of inheritance law and its adoption by the heirs, is revealed. In the absence of close relatives, the heirs are appointed in accordance with the degree of kinship, which was called "parantella". The first degree is the people in the descending line, the second degree is the parents with the people in the descending line, the third degree is the grandparents with the descending lines. The German Civil Code introduces a distinctive feature of this branch of law. In accordance with it, the surviving spouse was guaranteed hereditary support.
Thus, the code became a fundamental regulatory act, which had a significant impact on the legislation of not only Germany, but also of other states.