German Appellate Process APPELLATE REviEw Like the career incentives that encourage good judicial performance, the German appellate process is designed to protect litigants from caprice, error, or sloth. The adversarial component of lawyerly oversight, to which this article has so often referred, ultimately depends for its effectiveness upon the threat of appellate review. From the … Read more
German Civil Judiciary Viewed comparatively from the Anglo-American perspective, the greater authority of the German judge over fact-gathering comes at the expense of the lawyers for the parties. Adversary influence on fact-gathering is deliberately restrained. Furthermore, in routine civil procedure, German judges do not share power with jurors. There is no civil jury. Because German … Read more
German Civil Procedure There are two fundamental differences between German and Anglo-American civil procedure, and these differences lead in turn to many others. First, the court rather than the parties’ lawyers takes the main responsibility for gathering and sifting evidence, although the lawyers exercise a watchful eye over the court’s work. Second, there is no … Read more
Ordeal Formulas The early germanic law had several significant elements that influenced later European legal systems, including an adversarial procedural system: The Ordeal. Liturgical Ordeal Formulas The two methods of proof used in early Germanic law were compurgation and ordeal. In compurgation the accused swore to his own innocence together with a group of “oath-helpers.” … Read more
Germanic Law Early Germanic Law and Early Law Codes For a general account of early germanic law, see here. Early Law Codes This includes: The Ripuarian Law: Inheritance of Allodial Land, c. 450 Law of the Salian Franks Law of The Visigoths: Succession to Inheritance, c. 475 The Lombard Law of Rothari: Succession of Legitimate … Read more
Institut Fur Weltwirtschaft in Europe Institut fur Weltwirtschaft (WWI) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Institut fur Weltwirtschaft (WWI): Germany's institute of world economics, based […]
Introduction to Western European Union Western European Union (WEU), association of European countries focused on defense and security issues. The WEU grew out of the Brussels Treaty, a cooperative agreement made in 1948 between the United Kingdom, France, Belgium, The Netherlands, and […]
Institut Fur Wirtschaftsforschung in Europe Institut fur Wirtschaftsforschung (IFO) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Institut fur Wirtschaftsforschung (IFO): Germany's economic research […]
German Exchange Law German Legislation and European Harmonization With the foundation of the German Empire (Deutsches Reich) came the fulfillment of the constitutional requirements, with the abandonment of liberal views the political requirements, and with the bad outcomes of the former regulatory approaches the legislative requirements to create an Exchange Act: the Börsengesetz (1896). Creation … Read more
German Criminal System Note: See also the German Criminal Code. For details on the German legal system, please see here. Contents Information on the following topics in relation to German penal law are available in this European legal encyclopedia: Supervision order Mutual insults Violating the memory of the dead Foreign money, stamps and securities Affirmations … Read more
Germany in Europe According to the work "Guide to Foreign and International Citations", by the Journal of International Law and Politics (New York University School of Law): In Germany’s federal structure, most of the legislative power is concentrated at the national level, while […]
Western Legal Systems in Europe Western Europe Legal Systems Andorra Legal System Austria Legal System Belgium Legal System Denmark Legal System England and Wales Legal System Finland Legal System French Legal System German Legal System Greece Legal System Holy See Legal System Iceland Legal System Ireland Legal System Isle of Man Legal System Italian Legal … Read more
Deutscher Industrie-und Nandelstag in Europe Deutscher Industrie-und nandelstag (DInT) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Deutscher Industrie-und nandelstag (DInT): Germany's industry and […]
Bundesministerium Fur Wirtschaft in Europe Bundesministerium fur Wirtschaft (BMWi) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Bundesministerium fur Wirtschaft (BMWi): Germany's economics ministry.
Bundesamt Fur Wirtschaft in Europe Bundesamt fur Wirtschaft (BAW) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Bundesamt fur Wirtschaft (BAW): German agency responsible for supervising exports of […]
Bundesverband Der Deutschen Industrie in Europe Bundesverband der Deutschen Industrie (BDI) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Bundesverband der Deutschen Industrie (BDI): German […]
Notaries in Germany Professional activities Reserved activities he recording of a statement made before the official in the form required by the law; authentication; all recordings of declarations of intent or contracts that are to become official documents. Professional titles These are Notar (men) and Notarin (women) (§ 2 BNotO). Advertising/Publicity The prohibition of advertising … Read more
Lawyers in Germany Legal Professionals Types of Lawyer: RECHTSANWÄLTE An independant agent and consultant on all legal matters who may be approached directly by members of the public. Rechtsanwälte often work in the smaller cities, and are not concentrated exclusively in a few large areas, as is the case with the English Bar. Although a … Read more
Auswartiges Amt in Europe Auswartiges Amt in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Auswartiges Amt: Germany's foreign ministry .
Bailiffs in Germany Professional Activities and Legal Framework The basic functions of Gerichtsvollzieher Gerichtsvollzieher are civil servants working as servers and enforcers. In the area of execution (Zwangsvollstreckung) they are responsible for the seizure of property as well as the seizure of ships registered in the register of shipping, for the provisional seizure of claims, … Read more
Hamburgisches Weltwirtschaftsarchiv in Europe Hamburgisches Weltwirtschaftsarchiv (HWW A) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Hamburgisches Weltwirtschaftsarchiv (HWW A): Germany's […]
Bundesministerium Fur Finanzen in Europe Bundesministerium fur Finanzen (BMF) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Bundesministerium fur Finanzen (BMF): Germany's finance ministry .Sometimes […]
Institut Fur Wirtschaft Und Gesellschaft in Europe Institut fur Wirtschaft und Gesellschaft (IWG) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Institut fur Wirtschaft und Gesellschaft (IWG): […]
German Judicial System in Europe Articles 92-96 of the German Constitution (Grundgesetz) establishes the court structure in Germany. As a Federal Republic, Germany’s courts are divided between the Federation (Bund) and 16 states (Länder). At the federal level there is a supreme court for each […]
Prescription Charges in Germany Background Germany has a highly decentralised statutory health care system covering 90% of its population. The remainder is either uninsured, or has some other form of insurance. The German statutory system is financed through payroll contributions and general taxes (80%) and the remainder is made up from patient payments and private … Read more
German Judicial System JUDICIAL SYSTEM 1. Administration. Courts in Germany deal with both civil and criminal matters. There are four levels of courts that deal with criminal matters: 1)local courts (Amtsgerichte). These court are competent in all criminal matters where a punishment of not more than 3 years imprisonment can be imposed; 2)regional courts (Landgerichte). … Read more
Judicial Process in Germany PROSECUTORIAL AND JUDICIAL PROCESS 1. Rights of the accused. * Rights of the accused at trial. Prior to and during the trial, the accused has the following rights, which are, in part, laid forth by the Code of Criminal Procedure: 1)The suspect has the right to be heard and can request … Read more
German Criminal Justice System This entry gives a general account of the overall criminal system and outline the political and legal structure and the history of the German criminal justice system to help account for the unique aspects that may help to bind the many parts of this criminal justice system together, and to show … Read more
UN Convention on Contracts for the International Sale of Goods (CISG) in Germnay in Europe Note: For information on the Convention on Contracts for the International Sale of Goods in general, see here. United Nations Convention on Contracts for the International Sale of Goods: Related with […]
Copyright Contract in Germany in Europe In light of the difficulty of many authors to derive a decent income from the exploitation of their works, policy makers in the field of copyright may decide to intervene and recalibrate the power relations between authors and publishers. Seeking to […]
Victims in Germany 1. Groups most victimized by crime. Information on German crime victimization is collected by the police and various victimization studies. The results of a nationwide victimization study conducted by the Criminological Research Institute in Niedersachsen are expected to be published by 1995. Pitsela (1988) has conducted one of few victimization studies comparing … Read more
Police in Germany 1. Administration. Germany has an extremely limited federal police force. Basically all police functions are the responsibility of the state police departments. Their jurisdictions are strictly divided and autonomous, and almost all police activity takes place at the local levels, or in cases of rural settlements, by the state police. Administration of … Read more
Martin Friedrich Rudolf Von Delbrück in Europe Martin Friedrich Rudolf Von Delbrück, Prussian statesman (1817-1903), was born at Berlin on the 16th of April 1817. On completing his legal studies he entered the service of the state in 1837; and after holding a series of minor posts was […]
Sentencing in Germany PENALTIES AND SENTENCING 1. Sentencing Process. * Who determines the sentence? Sentences are handed down either by the single professional judge or the judicial panel. There must be at least a two-thirds majority vote to determine the sentence. * Is there a special sentencing hearing? Information not available. * Which persons have … Read more
Western Europe Western Europe Legal Systems Andorra Legal System Austria Legal System Belgium Legal System Denmark Legal System England and Wales Legal System Finland Legal System French Legal System German Legal System Greece Legal System Holy See Legal System Iceland Legal System Ireland Legal System Isle of Man Legal System Italian Legal System Liechtenstein Legal … Read more
Christian Dietrich Grabbe in Europe Life and Work Christian Dietrich Grabbe (1801-1836), German lawyer and dramatist, was born at Detmold on the 11th of December 1801. Entering the university of Leipzig in 1819 as a student of law, he continued the reckless habits which he had begun at […]
German Banking in Europe History The Reichsbank, by far the most powerful banking institution in Germany, is managed by the bank directory appointed by the chancellor of the empire. The shareholders join in the management through a committee, of which each member must be qualified by […]
German Local Government in Europe History In the details of its organization local self-government differs considerably in the various states of the German empire. The general principle on which it is based, however, is that which has received its most complete expression in the Prussian […]
German Constitution in Europe Constitutional History The constitution of the German empire is, in all essentials, that of the North German Confederation, which came into force on the 7th of June 1867. Under this the presidency (Praesidium) of the confederation was vested in the king of […]
German Judiciary in Europe History By the Judicature Act—Gerichtsverfassungsgesetz—of 1879, the so-called “regular litigious” jurisdiction of the 820 courts of law was rendered uniform throughout the empire, and the courts are now everywhere alike in character and composition; and with the […]
Legal History of Germany in Europe The virtual independence of the German tribes lasted until the union of Austrasia and Neustria in 687, an achievement mainly due to the efforts of Pippin of Heristal, who soon became the actual, though not the nominal, ruler of the Frankish realm. Pippin and […]
Early Germanic Laws in Europe History Of those Germanic laws of the early middle ages which are known as leges barbarorum, we here deal with the principal examples other than Frankish, see: Leges Wisigothorum, Lex Burgundionum, Pactus Alamannorum and Lex Alamannorum, Lex […]
George V in Europe Life and Work George V, king of Hanover (1819-1878), was the only son of Ernest Augustus, king of Hanover and duke of Cumberland, and consequently a grandson of the English king George III. Born in Berlin on the 27th of May 1819, his youth was passed in England and in Berlin […]
Karl Mathy in Europe Life and Work Karl Mathy (1807-1868), Badenese statesman, was born at Mannheim on the 17th of March 1807. He studied law and politics at Heidelberg, and entered the Baden government department of finance in 1829. His sympathy with the revolutionary ideas of 1830, […]
Georg Friedrich Von Martens in Europe Life and Work Georg Friedrich Von Martens (1756-1821), German jurist and diplomatist, was born at Hamburg on the 22nd of February 1756. Educated at the universities of Göttingen, Regensburg and Vienna, he became professor of jurisprudence at Göttingen […]
Holy Roman Empire in Europe Historical Introduction The Idea of an Empire Different in 1500 from that of a National Monarchy The national monarchies of western Europe—England, France, Spain, and Portugal—were political novelties in the year 1500: the idea of uniting the people of similar […]
Council Government in Germany in Europe In the Republic of Weimar For more information about the history of the Council movement in Germany, click here. From its present position and at its present pace the Weimar Parliament will never overtake events. (…) Meantime the dogs of war—of […]
Ludwig Bamberger in Europe Ludwig Bamberger (1823-1899), German economist and politician, was born of Jewish parents on the 22nd of July 1823 at Mainz. After studying at Giessen, Heidelberg and Göttingen, he entered on the practice of the law. When the revolution of 1848 broke out he took […]
Gottfried Wilhelm Leibniz in Europe Gottfried Wilhelm Leibniz (1646-1716), German philosopher, mathematician and man of affairs, was born on the 1st of July 1646 at Leipzig, where his father was professor of moral philosophy. Though the name Leibniz, Leibnitz or Lubeniecz was originally […]
Joseph Von Hergenröther in Europe Life and Work Joseph Von Hergenröther (1824-1890), German theologian, was born at Würzburg in Bavaria on the 15th of September 1824. He studied at Würzburg and at Rome. After spending a year as parish priest at Zellingen, near his native city, he went, in […]