Civil law is a broad field and essentially circumscribes the regulations contained in the German Civil Code (BGB). Civil law can most simply be described as regulating claims of citizens against each other – unlike criminal law, where claims of the state are asserted against citizens for compliance with (criminal) laws. This includes u.a.:
This is the most general part of civil law, as it regulates the rights when concluding contracts, etc. regulates. Its provisions are also found in other areas of law such as z.B. the tenancy law, the labor law etc. again.
Right of purchase
The general law of sale is regulated in §§ 433 ff BGB, which governs not only the contract of sale but also the buyer's rights in the event of defects. It does not matter here whether it is the purchase of a new or used car or the purchase of a CD.
Law of succession
Inheritance law is regulated in §§ 1922 ff of the German Civil Code (BGB). This area is very comprehensive, dealing with the legal status of heirs (including among themselves), succession, liability of heirs, inheritance claims, etc.
However, this also includes regulations that can be made during one's lifetime. The best known is probably the will, in which the testator expresses his or her "last will and testament" can regulate. Heirs can be appointed or statutory heirs can be excluded. A will can also include a so-called. bequests concerning individual items of the estate, which may well limit the inheritance. The drafting options in a will are many and varied, so the words should be chosen with great care to reflect the testator's wishes as clearly as possible, thereby avoiding inheritance disputes as far as possible.
If someone has been excluded from his inheritance, he in turn has a legally regulated claim to the so-called. Compulsory share, which corresponds to half of the otherwise legal share of the inheritance. This must be asserted promptly, since – unlike the normal inheritance claim – it must be asserted within the standard limitation period of 3 years according to. The statute of limitations in accordance with §§ 195, 199 BGB, whereby it should be noted that the three-year statute of limitations begins to run at the end of the year in which the claim arose. This is usually the case when the inheritance has occurred and the person entitled to the compulsory portion has become aware of it.
The §§ 535 ff BGB deal with the renting of apartments as well as all other objects, which one receives for use against a certain fee. Not only the establishment of a rental relationship is regulated but also its termination in addition to the price adjustment, the ancillary costs.
Contract for work
In the §§ 631 ff BGB the legal relations between clients and craftsmen are regulated, in which it around the production of a "work" as z.B. tiling a bathroom, building a closet u.a. goes. Here, too, there are regulations on the establishment and termination of contracts for work and services, on the rights in the event that the work is not carried out in accordance with the contract and in a workmanlike manner, etc.
The service contract is governed by § 611 BGB, which, unlike the contract for work and services, does not focus on the work but on the provision of services. Classic service contracts are the employment contract (see employment law) or the treatment contract.
In the BGB, §§ 823 ff BGB also regulate which claims a person who has been injured by a tortious act (z.B. bodily injury, damage to property, copyright infringement u.a.) has against the tortfeasor. This is mainly about claims for damages and compensation for pain and suffering.
If someone has enriched himself to the detriment of another without legal grounds, the injured party is entitled to restitution claims, these are governed by §§ 812 BGB.
The BGB regulates many other areas of daily life. These include family law, property law (ownership/possession, claims for surrender and/or injunctive relief), mortgage law, corporate law. In addition, there are many other laws that regulate the coexistence between citizens.
I will also be happy to advise you in other areas of law.
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