A legal system refers to a set of rules, institutions, and procedures that govern and regulate the behavior of individuals

and entities within a particular jurisdiction. It provides a framework for maintaining order, resolving disputes, and
administering justice within a society.
Germany has a civil law legal system which is based on codified laws, statutes, and comprehensive legal codes.
A civil law legal system is primarily based on written codes and statutes that outline legal rules and principles.
Statutes, also known as legislation or laws, are formal written rules or regulations enacted by the legislative body of a
country or jurisdiction.
In Germany, the legal system incorporates elements of both codified law and case law. However, compared to
common law countries, case law plays a relatively smaller role in German jurisprudence.
1.1

1.Describe the differences between a codified law system & a common law system! What are the
benefits and disadvantages of each?
The common law system relies on judicial decisions and precedents established through court cases to interpret and
apply the law. Rather than being solely based on written laws or statutes, common law evolves over time through the
accumulation of court decisions and the principles derived from them.
The codified law has highly complex rules & legal language and a high level of legal certainty but is not so flexible.
However, there is a possibility to change via statutes.
And the common law system is based on “rationes decidendi”. Firstly, it is more flexible, then it becomes more rigid.
"Rationes decidendi" is a Latin term used in legal contexts, particularly in relation to the common law system. In
simple words, it refers to the reasoning or legal principles that form the basis of a court's decision in a particular case.

2.How does case law work in the German codified law system? What is it? Is it binding?
Judges interpret German law, via ratio decidendi of judgments, especially of the higher courts.
Only judgements of the German Federal Constitutional Court (Bundesverfassungsgericht) are binding.
The rest is not particularly binding as the results can be interpreted differently.

3.What is customary law? Which are its prerequisites? What are thus possible sources of law in the
German codified law system?
Customary law, also known as customary practices or customary norms, refers to unwritten legal rules and principles
that have developed and are followed within a particular community or society. It is a form of law that emerges from
long-standing practices and traditions rather than being explicitly legislated or codified. Prerequisites: 1. possibility
to express the customary law as rule. 2. longa consuetudo – long standing custom. 3. opinio iuris – opinion of
community that rule is law
Possible sources of law include the constitution (Grundgesetz), statutes, case law, and customary law.

4.Describe the hierarchy of rules regarding German national, European & international law in detail!
Hierarchy of national law:
1- norms of the constitution (GG) – precedence over all other laws; according to Art. 1 para 3 GG the
fundamental rights (Grundrechte) of the GG bind, legislative & executive power as well as the jurisdiction,
legislative power is bound by the constitutional order, furthermore the executive power & jurisdiction are as
well bound by law and rules, art. 20 para 3 GG
2- formal laws (formelles Recht) – passed by the legislative power
3- material laws (materielles Recht) – passed by the executive power, consisting of regulations & directives,
binding in general only for the executive power
EU law:
Ø effect if there is neither a national rule nor a national rule in conflict with European law,
Ø otherwise, if national exists, European law enjoys primacy of application (Anwendungsvorrang)
1- primary European Law: Treaty on the European Union (TEU, in German EUV) & Treaty on the
Functioning of the European Union (TFEU, in German AEUV).
2- secondary European Law: regulations, directives & decisions, derived from principles and objectives set out
in the treaties.
In Germany, the legal system encompasses various levels of rules, including national law, European Union (EU) law,
and international law. In the hierarchy of rules, German national law holds the highest authority within the country.
EU law takes precedence over conflicting national laws. International law is generally subordinate (lower in rank) to
the German Constitution but can prevail over national laws when ratified and in accordance with the Constitution. It
has no fundamental primacy of application.
This is a general overview of the hierarchy of rules. The application and interaction of these rules can vary depending
on specific circumstances and the interpretation of courts and legal authorities.

5.Which three areas of law exist? What relationships do they tackle? What are the corresponding
branches of court?
In the legal system, three main areas of law can be identified: civil law, criminal law, and administrative law. Each
area deals with specific relationships and has corresponding branches of court.
Private law governs relationships between individuals or legal entities, such as individuals, companies, or
organizations. It deals with private matters, including contracts, property rights, family law, torts (civil wrongs), and
other civil disputes. Branches of it are civil law, commercial law, labor law, copyright & patent law.
Public law regulates the relationship between individuals and government bodies or agencies. Public law covers areas
such as immigration, tax law, environmental regulations, social security, licensing, and other matters involving
government functions. Branches of it are constitutional law, administrative law, international law, criminal law.
Criminal law addresses offenses committed against the state or society as a whole. It involves actions that are
considered crimes, such as murder, theft, fraud, assault, and other unlawful acts. Criminal law seeks to establish guilt
and impose punishments on individuals who have violated criminal statutes.

6.How are statutes interpreted? According to which four canons? Why is this interpretation in general
problematic?
Interpretation of statutes includes the interpretation according to the so-called four canons:
- grammatical interpretation (wording of the law, do not exceed the interpretation)
- historical interpretation (will of the legislative power, government drafts, resolution recommendations of the
committees in the Bundestag & Bundesrat, minutes of plenary sessions & reports of the rapporteurs)
- systematic interpretation (relationship of individual norms to each other, connection of meaning between the
corresponding norms)
- teleological interpretation (meaning & purpose of a norm)
Ø subjective: purpose of the historical legislative power when enacting & thus sub-case of historical
interpretation
Ø objective: meaning & purpose of the statute from a current point of view & intention of the law (not
the legislative power)
It can sometimes be problematic because statutes may contain ambiguous language or provisions that can lead to
different interpretations, statutes may not address all possible scenarios or may be silent on specific issues, statutes
may be interpreted differently as societal values, norms, and circumstances evolve.
1.2

1.What is a person’s legal capacity? Define it! When does it start, when does it end? Why is it so
essential – not only for private law, but for law (& ethics) as well?
A person’s legal capacity, or in German “Rechtsfähigkeit”, means the right to have duties and rights. A person has the
right to have a property as well as to sue and be sure. According to section 1 of BGB a person’s legal capacity begins
on the completion of birth. The ending point is death. This law includes all the human beings, not animals.
Also, legal entities can have legal capacity. It includes associations, various types of corporations, companies limited
by shares, etc. Legal entities can only act through their organs, e.g., executive board/managers. Office bearers
‘/shareholders‘/members‘ potential personal liability differs depending on the type of company. Time span of the legal
capacity of legal entities depends on the type of company & concrete statutes.

2.Which two different people exist from a legal point of view? Does the „artificial” person pose some
problems?
From a legal point of view, there are two types of persons: natural and legal. A natural person has legal rights and
obligations. It can enter into contracts, own property, and sue or be sued in court. On the other hand, it must pay taxes
and obey the law, as obligations. A legal person, also known as artificial person, is a non-human entity that is
recognized as having legal rights and obligations. Examples of legal persons include corporations, partnerships, and
government entities. Just as a natural person, a legal person can enter into contracts, own property, and sue or be sued.
A “Artificial” person poses problems because even so they have the same rights and obligations as a natural person, it
does not have the same ethical and moral consideration.

3.What is a person’s capacity to perform legal acts? Define it! When does it start, when does it end?
What does it mean that the legislative power puta time scaled solution in place regarding it? Describe
this time scaled solution!
A person's capacity to perform legal acts refers to the legal competence of a person to act on their behalf and to be
responsible for the consequences of their actions. According to section 2 of BGB, a person can perform legal actions
when reaching majority which is by 18. Exception can be made when a person suffers from a pathological mental
disturbance of indefinite duration which prevents the free determination of the will. Legal capacity of a person ends at
the time of death.
The time-scaled solution is:
Ø 1–6 years & 364 days of life: no capacity to perform legal acts. Declaration of will has no legal effects.
Ø 7–17 years & 364 days of life: limited capacity to perform legal acts. Declaration of will requires prior consent of
the minor‘s legal guardian
Ø 18th year of life

4.What is a declaration of will? Define it!

A declaration of will refers to a clear and explicit statement or expression of intention or desire made by an individual.
It is a way for someone to communicate their wishes, choices, or decisions to others. When someone makes a
declaration of will, they are essentially stating what they want or what they intend to do. It could involve expressing
their consent to enter into a contract, stating their acceptance of an offer, making a declaration of love, expressing their
intention to terminate an agreement, or stating their decision regarding a particular matter. The declaration of will is an
important concept in legal contexts, as it forms the basis for various legal actions and agreements. It allows individuals
to clearly communicate their intentions and establish legal relationships, rights, and obligations with others.