Description
Book SynopsisThe 7th edition of the German Legal System and Legal Language has undergone substantial revision throughout and there has been much amendment and reorganization since publication of the 6th edition. Among the many changes in the 7th edition are the following: • New two-volume format; • Three new chapters: (i) family law and law of succession (ii) procedure in family matters and (iii) international law, domestic law and foreign relations; • Focus on fundamental constitutional concepts, with new exposés on the arrangement of law in codes, features of the German state, law and its relation to the state and the structure of government in the UK;• New exposé on the constitutional right of general freedom of action and the general right of personality; • Discussion of the character of rules of law; • In the chapter on the Civil Code (BGB), new exposés on topics such as; § the principle of good faith; § the object, place and time of performance; § the concept of “loss”; § assignment; § contracts of sale; § contracts for services; § transaction of other people´s affairs without prior authority; § contracts of surety; § tort; § the different types of possession; and § the protection of possession and ownership • Clearer explanation of essential terminology used in German commercial law; • The different types of mercantile agent and the pitfalls of a general power of attorney • “Silent” partnerships; • New exposé on the commissioner; • New exposé on the duty of loyalty between members of a company; • New exposés on establishment of the facts and the burden of proof in civil proceedings; • The German rules regarding arbitration; • New exposé on immediate protective measures in administrative law; • Judicial review of administrative action and enforcement of administrative acts; • Overview of attempt, self-defence and capacity in criminal law; • New exposé on arrest warrants and investigative custody; • Consideration of the fair trial principle and the evidence stage in criminal proceedings • Discussion of shipping documents (bills of lading) and methods of payment (letters of credit) in international trade; • Expanded chapter on private international law, with a new exposé on selection of legal venue.
Table of ContentsContents Volume 1 chapters include 1. Historical Introduction 2. The Federal State 3. The Supreme Federal Organs 4. The Supreme and Other Federal Authorities 5. The ‘Länder’ 6. Local Government 7. The Federal Constitution (‘Grundgesetz’) 8. The Basic Rights 9. Public and Private Law 10. Private Law: The Civil Code (BGB) 11. The Civil Code (BGB): Family Law and the Law of Succession 12. Private Law: BGB Company Law and The Commercial Code (HGB) 13. The Private Limited Company (GmbH) 14. Civil Procedure 15. Civil Procedure: Family Matters 16. Administrative Law 17. Administrative Procedure18. Criminal Law 19. Criminal Procedure 20. Employment Law 21. Business Law (‘Wirtschaftsrecht’) 22. Private International Law 23. International Legal Co-operation 24. International Law, Domestic Law and Foreign Regulations 25. The Legal Profession and Court System
