Bürgerliches Gesetzbuch in the context of "Civil law system"

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⭐ Core Definition: Bürgerliches Gesetzbuch

The Bürgerliches Gesetzbuch (German: [ˈbʏʁɡɐlɪçəs ɡəˈzɛtsbuːx] , lit.'Civil Law Book'), abbreviated BGB, is the civil code of Germany, codifying most generally-applicably private law. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project.

The BGB served as a template in several other civil law jurisdictions, including Japan, Korea, the Republic of China (Taiwan), Thailand, Brazil, Greece, Estonia, Latvia, and Ukraine. It also had a major influence on the 1907 Swiss Civil Code, the 1942 Italian Civil Code, the 1966 Portuguese Civil Code, and the 1992 reformed Dutch Civil Code.

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Bürgerliches Gesetzbuch in the context of Civil law (legal system)

Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries.

The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognizing prior court decisions as legally binding precedent.

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Bürgerliches Gesetzbuch in the context of Israeli law

Israeli law is based mostly on a common law legal system, though it also reflects the diverse history of the territory of the State of Israel throughout the last hundred years (which was at various times prior to independence under Ottoman, then British sovereignty), as well as the legal systems of its major religious communities. The Israeli legal system is based on common law, which also incorporates facets of civil law. The Israeli Declaration of Independence asserted that a formal constitution would be written, though it has been continuously postponed since 1950. Instead, the Basic Laws of Israel (Hebrew: חוקי היסוד, romanizedḥuqe ha-yesod) function as the country's constitutional laws. Statutes enacted by the Knesset, particularly the Basic Laws, provide a framework which is enriched by political precedent and jurisprudence. Foreign and historical influences on modern-day Israeli law are varied and include the Mecelle (Hebrew: מג'לה; the civil code of the Ottoman Empire) and German civil law, religious law (Jewish Halakha and Muslim Sharia; mostly pertaining in the area of family law), and British common law. The Israeli courts have been influenced in recent years by American Law and Canadian Law and to a lesser extent by Continental Law (mostly from Germany).

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Bürgerliches Gesetzbuch in the context of Theodor Mommsen

Christian Matthias Theodor Mommsen (/ˈmɒmzən/; German: [ˈteːodoːɐ̯ ˈmɔmzn̩] ; 30 November 1817 – 1 November 1903) was a German classical scholar, historian, jurist, journalist, politician and archaeologist. He is widely regarded as one of the greatest classicists of the 19th century. He received the 1902 Nobel Prize in Literature for his historical writings, including The History of Rome, after having been nominated by 18 members of the Prussian Academy of Sciences. He was also a prominent German politician, as a member of the Prussian and German parliaments. His works on Roman law and on the law of obligations had a significant impact on the German civil code.

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Bürgerliches Gesetzbuch in the context of Swiss Civil Code

The Swiss Civil Code (SR/RS 210, German: Schweizerisches Zivilgesetzbuch (ZGB); French: Code civil suisse (CC); Italian: Codice civile svizzero (CC); Romansh: Cudesch civil svizzer) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the codified law ruling in Switzerland and relationship between individuals. It was first adopted in 1907 (effective since 1 January 1912).

It was largely influenced by the German civil code, and partly influenced by the French civil code, but the majority of comparative law scholars (such as K. Zweigert and Rodolfo Sacco) argue that the Swiss code derives from a distinct paradigm of civil law.

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