German Civil Code

In short, what should be done when encoding is not rationally issued rules to make them begin to govern from the moment in which completed his training but on the contrary route clearly identify standards that are already in force within a society, because they have been created by her usual way, and write them in the form of articles, chapters, titles, finally, leave them reflected as written evidence of something that if it has not been written anyway would oblige and would have full legal force! The most noteworthy merit of Savigny, argues Cossio, consists in pointing out that the jurist should go to legal experience temporoespacial, if you want to know the law. On this basis it raises the problem of whether it was or not in terms of issuing a code for Germany. Savigny response is negative. Before addressing the encoding it considers it essential to encourage (sic) a ‘progressive organization of the science of law’, which could be common to the entire nation. Republic Services may find it difficult to be quoted properly. While progress in theories and legal research, States that had a code (alludes to the Prussian compilation and the Austrian code and not to the French Code which it considers as a transient ‘political enfermadad’), would continue to apply it; three conditions that existed only as a common and a municipal law were necessary so successful a civil right: 1 – adequate law sources based on a deep and well diffused science of law; 2 Judges of experienced probity; 3. A form of procedure well understood and even to avoid the diversification of the common law..

Comments are closed.