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Historisch-kritischer Kommentar zum BGBHerausgegeben von Mathias Schmoeckel, Joachim Rückert und Reinhard Zimmermann Redaktion Mathias Schmoeckel (Band I), Reinhard Zimmermann (Band II), Joachim Rückert (Band III) Bearbeitet von Fred Bär, Franz Dorn, Thomas Duve, Thomas Finkenauer, Peter Gröschler, Hans-Peter Haferkamp, Jan Dirk Harke, Christian Hattenhauer, Phillip Hellwege, Hans-Georg Hermann, Sibylle Hofer, Nils Jansen, Jens Kleinschmidt, Sebastian Lohsse, Sonja Meier, Rudolf Meyer-Pritzl, Ralf Michaels, Peter Oestmann, Martin Pennitz, Tilman Repgen, Joachim Rückert, Thomas Rüfner, Martin Schermaier, Mathias Schmoeckel, Andreas Thier, Stefan Vogenauer, Reinhard Zimmermann Civil law as it is practiced today has occasionally deviated considerably from the text of the German Civil Code. However its connection with the law of 1869 is steeped in tradition. The "Historisch-kritischer Kommentar zum BGB" provides evidence of this connection, and in doing so it performs an important function at a time in which the old ideal of national codification has paled beside the plans for a European system of private law. What is characteristic of German civil law, how did its structures originate, how were they influenced and how have they stood the test of time? What is the basis for the solutions of yesterday, today and presumably tomorrow? Which cultural, economic and social factors influenced legal concepts? All of these questions can only be answered against the backdrop of history. This is the foundation for all comparisons, reviews and evaluations. This is why the commentary is also called critical. Thus the German Civil Code can be seen not only as the sum of its dogmas; it is also one of many possible decisions. The historical-critical approach provides an access to the wealth of experience obtained from more than 100 years in dealing with this law. It deals with the results of the history of dogmas in jurisprudence and puts legal problems into their real context. This is the first time that comparative law has been presented in such a concentrated form in a work which takes the reader up to the threshold of present time. |