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

Edited by: Gerhard Dannemann, Reiner Schulze

ISBN13: 9783406769665
Published: November 2022
Publisher: Verlag C.H. Beck
Country of Publication: Germany
Format: Hardcover
Price: £184.00



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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 second volume of the article-by-article commentary covers Books 4 to 5 of the BGB: Family Law and the Law of Succession. Together with the first volume on Books 1 to 3, the second volume now completes the extensive English language commentary on 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 purpose and 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. 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 German civil law.

The commentaries reflect the law in July 2021, whereas subsequent changes in legislation were incorporated until 1 July 2022.

Subjects:
European Jurisdictions, Germany
Contents:
Preface
List of Authors
Abbreviations of Legislation, Legislative Drafts and Model Rules
Abbreviations of Cited Works
List of Abbreviations and Abbreviated Literature
Overview of Books IV and V BGB
Book 4: Family Law
Division 1. Civil Marriage
Division 2. Relationship
Division 3. Guardianship, legal curatorship, custodianship
Book 5: Law of Succession
Division 1. Succession
Division 2. Legal position of the heir
Division 3. Will
Division 4. Contract of inheritance
Division 5. Compulsory share
Division 6. Unworthiness to inherit
Division 7. Renunciation of inheritance
Division 8. Certificate of inheritance
Division 9. Purchase of an inheritance
Index