Guide to the law and legal literature of Germany

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JUL 2 3 1971

GOVT. PUBLICATIONS DEN".

LIBRARY OF CONGRESS

GUIDE

TO THE

LAW AND LEGAL LITERATURE

GERMANY

BY

EDWIN M. BORCHARD

LAW LIBRARIAN

WASHINGTON

c,< i\ I RNMENT PRINTING OFFICE

1912

£0

L. C. card, 12-35003

This volume is for sale by the

Superintendent of Documents

Government Printing Office

Washington, D. C.

Price, 65 cents

PREFATORY NOTE

The growing demand on the part of American lawyers,
legislators, and jurists for a knowledge of the legal institu-
tions of foreign countries has induced the Library of Con-
gress to acquire and make available to the investigator a
library of comparative law in which he may find the impor-
tant legal literature of the civilized States of the world.
This guide, the first of a series of guides to foreign law, has
been prepared with a view to furnish the investigator of
German law with an aid in using this material.

The necessities of the lawyer consist in ascertaining the
legal rules under which private individuals and their rights
are governed in Germany. This need the guide endeavors
to meet by a detailed treatment of the institutions of
German private law in its various branches. The interests
of the legislator have been kept in view by an extensive
discussion of the literature dialing with the methods adopted
in Germany to solve the social and economic problems of
the day. Special attention has therefore been given to
German legislation on social insurance and labor, to the
preparation of legislation, and to modern research on the
legal treatment of crime. Finally, a recognition of the value
to the jurist of the contributions of German literature to the
development of modern juristic thought has served to lay
emphasis on the sections dealing with legal education and
the history and the philosophy of law.

3

4 PREFATORY NOTE

This guide, therefore, is an attempt to furnish the American
lawyer with an introduction to the literature of German
legal institutions and German juristic thought. Leading
works only are mentioned. Wherever possible, attention
has been called to important contributions, both in the way
of books and periodicals, in the English language; other-
wise, except for a few standard works in French, the litera-
ture discussed is confined to the German. A glossary of
technical legal terms, in which the terminology adopted by
Schuster has been generally retained, is printed as an appen-
dix. As the glossary serves to give the English equivalents
for German terms, the subject entries in the index are con-
fined to the English legal terminology. In the matter of
capitalization in the titles of books the A. E. A. catalogue
rules have been followed.

For the present, works on the law of the individual Ger-
man States are not referred to, with an occasional exception
in the case of Prussia. Works on Roman law, except such
treatment of the Pandects as may be considered an introduc-
tion to modern German law, and in general, works on com-
parative law and international law, are omitted.

This occasion is taken to express the author's thanks and
appreciation to Judge Karl von Lewinski, secretary of the
Internationale Vereinigung fur Vergleichende Rechtswissen-
schaft of Berlin, and to Prof. W. F. Dodd of the University
of Illinois for their kindness in reading the manuscript and
for their valuable suggestions.

Edwin M. Borchard

Law Librarian

Herbert Putnam

Librarian of Congress

Washington, D. C, April, 1912

CONTENTS

Pago.

Prefatory note 3

Contents 5

Introduction 7

Bibliography 11

Legislation 14

Court reports 15

Legal education 18

Jurisprudence:

Legal encyclopedia 21

Philosophy of law 24

Legal history:

General 41

Leges Barbarorum 47

German Pri vatrecht 49

Prussian Landrecht 51

Saxon Code 52

Baden Landrecht 52

Reception of Roman law, Pandektenrecht 52

Civil Code:

History 56

Legislative history 56

Contents 62

Introductory act 67

General literature 70

Individual parts of the code ;~

Subjects related to the Civil Code —

Equitable trust 7S

Association and public meeting, law of 78

Land Registry Act 81

Eminent Domain 83

Personal Status Registration Act 85

Inheritance taxes 87

Literary and industrial property —

Copyright 90

Patents

Useful models 93

Trademarks 94

Unfair competition 94

Commercial law:

Commercial Code —

History 97

Contents 98

General literature 99

6 CONTENTS

Commercial law — Continued. Page.
Commercial Code — Continued.

Individual parts of code 103

Stock corporations 103

Commandite company 104

Limited liability partnership 105

Cooperative societies 105

Railroad law, carriers 106

Automobiles 107

Maritime law 108

Seamen 's Act 1 09

General average 1 1 1

Marine insurance 1 1 1

Inland navigation m

Subjects related to the Commercial Code —

Bills of exchange 112

Cheques 113

Stock exchange law 114

Banking law 115

Custody of negotiable instruments 115

Mortgage bank law 115

Bankruptcy 116

Creditors' suits 116

Trusts and monopolies 117

Insurance (commercial) 118

Social insurance and labor laws:

Employer's liability 121

Workmen's Insurance Code 123

Industrial Code 135

Labor laws 137

Civil procedure:

Code of Civil Procedure 14°

Judiciary Act 141

Costs and fees 149

Attorneys at law 150

Noncontentious jurisdiction 151

Criminal law 153

Criminal procedure 158

Military criminal law 163

Reform of criminal law and procedure 164

Public law:

General 171

Constitutional law 174

Ecclesiastical law 17°

Colonial law !77

Administrative law 178

Miscellaneous 186

Glossary of German legal terms 189

Index "3

GUIDE TO THE LAW AND LEGAL
LITERATURE OF GERMANY

INTRODUCTION

International intercourse, in commerce, travel, and scholar-
ship, has brought about, to the great advantage of universal
knowledge, a better understanding of the conditions under
which the people of foreign countries live. The ever increas-
ing presence of Americans abroad and the constant tendency
of commerce to become more international have emphasized
the necessity of knowing the legal conditions which prevail in
foreign countries. Moreover, our gradual recognition of the
truth of Jhering's thesis that law is not wholly, nor even
mainly, a national product makes more than desirable an
acquaintance with foreign juristic thought.

The law and legal literature of Germany have been selected
for treatment in our first guide for several reasons: First, of
the countries not subject to the common law, Germany is the
most important commercially; secondly, its efforts to solve
the social and economic problems of the day have elicited well-
earned admiration; thirdly, in legal science, German research
in the last generation has intensified the truth of Sheldon
Amos' remark made forty years ago:

The prospects of the science of jurisprudence . . . will depend
largely upon a greater familiarity than lias hitherto been encouraged in
legal education, with the vast and invaluable juridical literature of
Germany . . . Modern jurisprudence is emphatically a German
creation. (Science of jurisprudence, p. 505.)

For the practitioner a knowledge of foreign law and how to
find it is of importance because of the constant growth in inter-
national commercial relations, and because of the increasing

7

8 GUIDE TO THE EAW OF GERMANY

number of nationals resident abroad temporarily or perma-
nently, who marry there, enter into other legal relations of
every description, and leave estates.

For the legislator the practical value of comparative law
appears by an examination of the various ways in which
economic and social problems have been dealt with abroad.
The recent investigations, by various Federal commissions,
of the European solutions of certain economic problems, the
researches into foreign social legislation by our national and
State legislatures, the investigation of the methods adopted
abroad for the legal treatment of crime, all illustrate our
gradual emancipation from an insular view of legal institu-
tions and a recognition of the practical value of profiting from
the experiments of others.

For the jurist, however, a knowledge of the contributions
of continental Europe, and especially of Germany, to legal
science, is of still greater importance. Only in recent times
have we begun to lose our indifference to the progress of the
science of law abroad and to awaken to a realization of its
practical importance. Social legislation during the last gen-
eration and researches into legal history have created a
revolution in the concept of law and of its relation to social
and political science, from which it springs and to whose
development it ministers.

Coke admired the common law for its certainty, because
derived from actually decided cases, and disparaged the civil
law for its uncertainty, as evidenced in the disputations of
legal scholars. The applicability of this characterization of
the two great systems of law has, in the course of time, become
almost reversed. The thousands of decided cases since Coke's
day, "the tangled mass of irreconcilable contrarieties" has, as
Bryce puts it, created the two great defects of case law,
uncertainty and an utter lack of system, which in turn have
been imparted to the whole structure of Anglo-American

IXTRODtCTION 9

law. Pollock's characterization of English cast law as

"chaos tempered by Fisher's Digest" is, with aggravated

reason, applicable to this country: American case-law as a

whole may not unfairly be described as chaos, tempered by

the digests of enterprising publishing companies. Finding

the law has to a great extent become a mechanical process in

which legal thinking is reduced to a minimum and in which

catchwords have replaced legal principles.

Maitland expressed his appreciation of the unsatisfactory

state of English law in these words:

But turn from laws to law. Turn from bits of our legal system to the
svstem as a whole. Do we often think of it? Do we often ask ourselves
whether it compares well with its neighbors and rivals, whether it is in
all respects rational, coherent, modern, worthy of our country and our
century? I fear that we do not. (Collected Papers III, pp. 474-475.)

What then can we say of our fifty sovereign jurisdictions, our
mass of conflicting decisions, our multiplicity of legal rules
applied to an identical state of facts? In England, Brvce
tells us, the efforts at codification were given up in despair
In this country, we have been more courageous; the project
of an American Corpus Juris has enlisted much popular sup
port. Any attempt to lead us out of our "judicial detritus*'
will be greeted with favor. And yet, one of our foremost
jurists, Wigmore, has expressed grave doubts as to its timeli-
ness, its soundness, and its feasibility. As a profession,
American lawyers are almost wholly untrained in that tech-
nique of legal science which must precede any attempt at sys-
tematic statement of the law. Our law has grown up so
rapidly and so heterogeneously that it is almost impossible
now, in many important branches, to find any thread of legal
principle. To a philosophy of law, we are practically total
strangers. Again, as Pound has pointed out, much of our
common law, e. g., the assumption of risk, liberty of contract,
the right to pursue a lawful calling, etc., is academic, becatisi
derived by deduction from historical premises which haw lost

IO GUIDE TO THE LAW OF GERMANY

their value and hence much of their meaning for the societ)
of to-day. The traditional attitude of the common law
toward legislation, indeed, lias often proved a serious obstacle
to social progress.

What, on the other hand, has been the fruit of the years of
disputation of continental jurists? It is this: they have
worked out a scientific body of law, a system of principles
supported bv a sound philosophy, which, as exemplified in the
German Civil Code, has awakened the admiration of the civil-
ized world. They have brought to active realization Holmes'
declaration that the true science of the law consists mainly in
the establishment of its postulates from within upon accu-
rately measured social desires, instead of tradition. Maitland
in the introduction to his translation of Gierke's Political
theories of the middle age says of the German Civil Code that
"it is the most carefully considered statement of a nation's
laws that the world has ever seen." German codification
trulv exemplifies a power of legal expression with which Bryce
credits the Roman jurists — "the power of so framing general
rules as to make them the expression of legal principles, and
of working out these rules into their details so as to keep the
details in harmony with the principles." (Studies, II, p. 208.)

In Europe the application of the historical and comparative
method to jurisprudence has created a school of jurists who
have helped to make law an effective handmaid in the devel-
opment of social and political science in general. The great
economic and social problems now before our country require,
therefore, something more than an outworn insular conception
of law. They require a jurisprudence of vitality, fashioned to
meet social ends as a regulative agency in the adjustment of
individual interests, and a legal philosophy which shall draw
its force from Mr. Justice Holmes' "secret root" of the law —
the conscious recognition of social utility.

(, TIDE TO THE LAW OF GERMANY II

BIBLIOGRAPHY

The most useful bibliography of the legal literature of Ger-
many, covering the period from the middle of the eighteenth
to the middle of the nineteenth centuries is the Bibliotheca
juridica, first edited by Theodore C. F. Enslin, and published
in a second edition, with a supplementary volume, by Wil-
helm Engelmann (Leipzig, W. Engelmarm, 1840, 1849). In
addition to its exhaustive bibliographic information, the work
is provided with a brief subject catalogue. The period from
1849 to 1867 is covered by G. W. Wuttig's Bibliotheca juridica
(Leipzig, O. A. Sehulz, 1867). The work includes a subject
catalogue and a summary of the contents of the important
periodicals published during the period covered. The firm of
Manz & Co. in Vienna published a Bibliotheca juridica in 1871
(5th ed.) which was intended to catalogue the most important
legal literature of Germany and Austria in print at that time.

The bibliographies of modern German law may be said to
commence in 1868 with the appearance of Muhlbrecht, Uber-
sicht 1I1 r gesammten slaats- und rechtswissenschafttichen liter atur,
published by Puttkammer and Muhlbrecht in Berlin. It is
issued bimonthly and appears each year as a bound volume
under the title AUgemeine bibliographic dei gi tammten staats-
und rechtswissenschafttichen liter atur. The separate numbers
are somewhat tardy in appearance. While primarily impor-
tant for the German literature, it contains sections devoted to
English, French, Spanish, and Scandinavian legal bibliographies.
Muhlbrecht also compiled a Wegwi isi 1 durch tlic neuere literatur
der rechls- und slaalxui^ocu hajtcn, which appeared in two vol-
umes, the first volume (second edition) in 1893 and the second
in 1901 ; this is largely a subject bibliography of the titles in
the annual volumes which appeared up to 1900. The Juris-
tisches literaturblalt, edited by Alfred Keil (published by
C. Heymann in Berlin, ten parts per year, beginning 1894),

12 GUIDE TO THE LAW OF GERMANY

contains short critical bibliographies on special subjects, as
well as extensive book reviews. The Juristische noviidten
which has appeared annually since 1895 (editor, J. A. Barth;
publisher, M. Dietrich, Leipzig), is a critical review of deci-
sions of importance; it includes lists of recent books both Ger-
man and foreign. A valuable publication was that inaugu-
rated by Prof. Kirehenheim in 1881, entitled Centra/Matt fur
rechtswissenschajt (Leipzig, Hinrichs). It consisted of book
reviews, summaries of the contents of periodicals and lists of
the new German and foreign works on law. In September,
1910.it ceased publication, its activities being taken over by
the Internationale bibliographic der rechtswissenschajt, which
by its addition of indexes to periodical articles and its
subject classification promises to be the most important mod-
ern bibliography of law. This publication, which appears
monthly, also takes account of works and periodical articles in
foreign languages. It is published by the Internationales In-
stitnt fur Bibliographic der Rechtswissenschajt. Since January,
1 91 1, this bibliography is issued in five different languages,
including an American edition {Bibliography of legal science)
edited by Edwin M. Borchard (University of Chicago Press).
The Kritische blaeitcr fur die gesammten sozialwissenschajten
(Berlin, Zentralverlag) began publication in 1905, dropping the
first word from its title in 1908. Since January, 191 1 , monthly
numbers of this publication also appear in English under the
title Bibliography of social science (Chicago, University of
Chicago Press). It takes note of such legal articles as have a
socio-economic interest. A bibliography of the principal Ger-
man law books published during the year appears in the An-
nual Bulletin of the Comparative Law Bureau. A work which
devotes itself especially to careful book reviews is the Kri-
tische vierteljahresschrift fur geselzgebung und rechtswissen-
schaft, which superseded the Kritische ueberschau der deutscht 11
geselzgebung (Munich, 1853-1859), and which since i859has been

BIBLIOGRAPHY 13

issued as an annual volume. It was originally edited by Profs.
Arndts, Bluntschli and Pozl, and among its present editors are
l'rofs. Birkmeyer and Ullmann of Munich. The publisher is
Theodor Ackermann, Munich. The Zeitschrift jur die gesamfe
strafrcchtML'isMHscluift (Berlin, J. Guttentag) devotes one of
its numbers each year to a critical survey of recent litera-
ture in various departments of law, especially emphasizing
general jurisprudence, legal history, criminal law and procedure
and law reform. It is a valuable source of information.

The appearance of the German Civil Code stimulated the
publication of bibliographies especially devoted to the civil
law. The most important of these is compiled by Dr. Georg
Maas, formerly assistant librarian of the Supreme Court of
Germany and now librarian of the Imperial Military Court at
Berlin. His systematic subject bibliography of German civil
law began issue in 1888, one volume covering the years 1888
to 1898, subsequent volumes being published annually from
1899 to 1903. The first volume (covering 1888 to 1898)
also appears as volume 16 of the Archiv fy/r burgerliches reckt,
which periodical in its succeeding volumes contains the annual
bibliographies of Dr. Maas. For the years 1905 and 1906 Dr.
Maas published a Jurisprxulentia Germaniae, which, under care-
ful subject divisions, covers the entire literary producti n in
German law during the year. Unfortunately, the life of this
publication was limited to two years. It may be of advam 1
to mention theBibliotheca juridica, which, in the form of a small
booklet, is published each year by an association of German
law book publishers; wit li very brief titles, it presents the
principal legal works still in print, with the year of publication
and the price, under subject division. Hinrichs in Leipzig
publishes quarterly a pamphlet known as Neue bucket uber
rechts- und staatsvrissenschaften, which is a reprint from his
Vi liiljuhii t-katalog der neuigkeiU n d> s deutschen buchhandels.
The two leading law libraries in Germany have published cat

14 GUIDE TO THE LAW OF GERMANY

alogues, the most recent being that of the Reichsjustizamt
(Department of Justice) in Berlin, a third edition of which ap-
peared in 1909. The Rcichsgericht (Supreme Court) at Leipzig
published a two volume catalogue (1882 and 1890), subsequent
accessions appearing in the form of manuscript supplements.

LEGISLATION

The official legislation of modern Germany may be said to
commence with the formation of the North-German Feder-
ation in 1867. During the four years following, up to the
establishment of the Empire, there appeared annually the
Bundesgesetzblatt des norddeutschen bundes published at Berlin.
Since 1871, the official Reichsgesetzblatt has been published; it
contains the laws passed by the Reichstag, and the Vcrord nun-
gen (decrees) of the Bundesrat (Federal Council). It is issued
in slip form promptly after the promulgation of a law or decree,
and is bound in an annual volume. An index covering the leg-
islation down to 1896 was published officially at Berlin in 1897.
A private index to the statutes was published by Frederic Pfaff ,
covering the years 1867 to 1890; two thin volumes by Hans
Becker bring the index down to 1907. They are published in

Mainz by J- Diemer.

An important private collection of the legislation of Prussia
and Germany is edited by C. A. Grotefend, Privy Councillor,
in six volumes, including an index. This work covers the
legislation from 1806 to 1899 inclusive, under the title Preus-
sisch-Deutsche gesetzsammliing, 1 806-1 899. Since 1899 an
annual volume has appeared under the title Das gesammte
deutsche und preussische gesctzgebnngs-material. This reprints
the legislation of the Empire and of Prussia and all the decrees
and ordinances published in the official Miwisterialbldtter,
twelve in all. It may be called a yearbook of legislation. The
internal arrangement of the material follows no definite order,
but the work is supplied with an excellent systematic sum-

COURT REPORTS I 5

inary, by subject matter, together with a chronological table
of the legislative activities of every governmental department.
It is now edited by Dr. C. Cretschmar, District Attorney. The
whole series is published by L. Schwann in Diisseldorf, 1900
to date. A useful reference work, which contains the prin-
cipal laws of the Empire, is published by Bruer & Co. in Berlin,
under the title Deutsch i n ichsgesetzbuch fur Industrie, handel
und gewerbe; it is now in its forty-third edition, and consists
of two very large volumes. A new edition appears about
every two years.

Excellent annotated editions of the principal laws of the
Empire are published by the firm of Guttentag in Berlin
under the title Guttentag' sche sammlung deutscher reichs-
gesetze. New editions of the more important volumes appear
frequently. The series now contains one hundred volumes.
Another collection of the important laws, somewhat less
useful than those mentioned above, is that edited by Hue de
Grais, entitled Handbuch der geselzgebung von Preussen und
dem deutschen reiche (Berlin, Julius Springer, 1901-1906). This
contains the legislation of the Empire and Prussia under
broad subject divisions. It is to consist of forty volumes, of
which twelve have so far been issued. A number of publishing
firms in Germany, as, for example, Bensheimer, Goschen and
Rossberg, publish small and very cheap annotated editions
of the principal laws.

COURT REPORTS

The decisions of courts in Germany are not binding prece-
dents, even on inferior courts. Judicial precedents in fact
are not considered a source of law, altho they have evidentiary
value. The persuasive force of decisions, however, is meeting
with ever increasing recognition. This is attested by the grow-
ing number of court reports published and the frequency with
which decided cases are cited. The decisions of every impor-

1 6 GUIDE TO THE LAW OF GERMANY

tant court are published regularly. A few sections in Gray's
Nature and sources of the law (New York, Columbia Univer-
sity Press, 1909), pp. 193-198 are devoted to a discussion of
the history and force of judicial precedents in Germany.
The same work contains interesting discussions of the extent
to which custom and the opinions of experts may be con-
sidered a source of law. In the course of an article entitled
"Judicial precedents — a short study in comparative juris-
prudence" (9 Harvard Law Review (1895), pp. 27-41) Prof.
Gray had already shown his interest in this question of the
force of judicial precedent in countries not subject to the
common law.

The principal court decisions in Germany, are, of course,
those of the Reichsgericht, the Supreme Court of the Empire.
Before the Judiciary Act of 1877 (in effect Oct. i, 1879) which
established the present Supreme Court, the highest tribunal
in Germany was called the Reichsoberhandelsgericht. It sat
from 1 87 1 until the end of 1879. Its jurisdiction was much
more limited than that of the present court. Its decisions
were published in a series edited by a committee of judges of
the court, under the title Entscheidungen des reichsoberhandels-
gerichts (25 volumes and 4 indexes, Stuttgart, F. Enke, 1873-
1880). The decisions of the present Supreme Court as estab-
lished by the Judiciary Act of January 27, 1877, are published
in two series, civil cases and criminal cases,1 edited by a mixed
committee of members of the court and its bar. Both series
began in 1880, two or three small volumes appearing annually.
A systematic compilation of the important decisions of the
Supreme Court in civil matters, Die rechtsprechung des reichs-
gerichts, by Hugo Neumann began to be published in 1910

1 Entscheidungen des reichsgerichts in zivilsachen. Leipzig, Veit &

Co., 1S80-1911. 76 v. 5 indexes (to v. 70).
Entscheidungen des reichsgerichts in strafsachen. Leipzig, Veit & Co.,

1880-1911. 45 v., index to v. 1-35 by D. Suppes, Leipzig, Veit,

1902.

COURT REPORTS I 7

(Berlin, Yahlen). The decisions of the Supreme Court in
civil cases not reported in the official series, are published in
an annual volume by Warneyer,1 who undertakes regularly
to compile the decisions handed down during the year on
various branches of law.

Another court report of considerable importance, edited by
Mtigdan and Falkmann, began publication with the coming
into force of the Civil Code in 1900 and reports the decisions
of the Courts of Appeal of the Empire (Oberlandesgerichie)2
in all matters of private law. Only public law and criminal
matters are excluded. The decisions are divided by subject
matter according to the various codes or statutes which they
construe. The publication is now in its twenty-second vol-
ume, two volumes being published annually. Another report
of established reputation in Germany began in 1847 and is
known under the title Seufjert's Archiv.3 It reports the de-
cisions of the highest courts of the States of Germany, the
decisions being divided according to subject matter. So far 66
volumes have appeared, and an index to the first 55. Deci-
sions in administrative matters are collected in a set of reports
called Entscheidungen dry gerichte und verwaliungsbehorden,
edited by A. Reger, and at present published at Munich by
Beck. They include decisions in administrative, industrial,
and criminal matters, as well as in matters of social insurance
in all its branches. The publication began in 1881; up to
the present, 30 volumes have appeared.

1 Warneyer 's Jahrbuch der entscheidungen. Erganzungsband enth. die

recbtsprechung des reichsgerichts auf detn gebiete dis zivilrechts,
smuit siu nicht in der amtlichen sain in lung . . . abgcdruckt ist.
Leipzig, Rossberg.

2 Die Recbtsprechung der oberlandesgerichte, edited by B. Mugdan

mill R. Falkmann, (judges of the court of appeal in Prussia). Leip-
zig, Wit, lyOO-KJII. 22 V.

3 J. U. Seuffert's Archiv fiir entscheidungen der obersten gerichte in

den deutschen staaten hrsg. von A. F. Preusser. Munchen, 1847

and cont.
29774° — 12 2

1 8 GUIDE TO THE LAW OF GERMANY

Since 1900, there has been published a small annual vol-
ume of headnotes of the important decisions of the courts.
This collection Rechtsprechung zum gesamten zivil- handels- u.
prozessrecht, edited by Th. Soergel, is extremely popular
among practitioners (Stuttgart, Deutsche Verlagsanstalt).
The decisions of the highest court of Prussia are edited by
Johow and Ring in an annual volume, Jahrbuch fur entschei-
dungen des kammergerichts (Berlin, Vahlen, 1884 ff). De-
cisions covering more specific subjects will be mentioned under
their respective heads in the course of this Guide.

LEGAL EDUCATION

The subject of legal education, including the prerequisites
for the study of law, has always been a matter of great im-
portance in Germany. In recent years it has become espe-
cially prominent because of the discussions as to the relative
importance of theoretical study and practical experience, and
as part of the general movement for law reform. A great
part of the 191 1 session at Wiirzburg of the German Bar
Association Deutscher Anwallsverein1 was devoted to a dis-
cussion of the question "What reforms in the training of law-
students are to be recommended?" The results of the dis-
cussion are of international interest. The question of legal
training for the German lawyer and judge was treated at
length in the expert opinion of Dr. Boyens of Leipzig, who
entered into an interesting comparison with the present state
of legal education in England, drawing upon English and
German literature in the course of his paper. This portion of

1 Every two years, alternating with the Deutsche Juristentag (Confer-
ence of German Jurists), the German practising lawyers, united as
the Deutsche Anwaltsverein (German Bar Association), meet to
deliberate on important questions of law and legislation. The organ
of the Jurists is the Deutsclw Juristentag; that of the Anwaltsverein
is the Juristische Wochenschrift.

LEGAL EDUCATION 1 9

the proceedings may be found in the supplement to the Juris-
tische wochenschrift,No. 20, 191 1. A brief report appeared in
the Law Journal (London) of October 7, 191 1, volume 46 (No.
2386), page 607.

Two contributions to the literature on legal education, pub-
lished in [909 and 1910 by Prof. Ernst Zitclmarm ' of Bonn
and Prof. Erwin Grueber2 of Munich respectively, are worthy
of special mention. Both are entitled Die vorbildung der
juristen. They represent opposing views. Dr. v. Goz, in a
n view of Grueber's booklet in a recent number of the Archil
fur offentliches recht (v. 28, heft 2-3, 1911, pp. 369-372),
gives a brief account of the whole movement for the reform
of legal education and other related matters. Dr. H. B.
Gerland of Jena, who recently published two large volumes
on English judicial organization and procedure, has also con-
tributed a small volume to the much discussed question of
the reform of- legal education.3 A synopsis of its contents
by Prof. Beling, of Tubingen, may be found on page tj 3 of
volume 31 ( 1 9 1 1 ) of the Zeitschrijt fur die gesamte strajrecht'.-
wissenschajt.

A number of important contributions to the subject have
been made in articles in English, to which it seems desirable to
call attention. The preliminary training and social standing
of the German lawyer of the first half of the nineteenth century
are discussed in tin course of an article in the Law Magazine,
volume 13 (1835), pages 287-309, under the title "State of the
bar in Prance, Germany, Spain and Italy." The modern Ger-
man law student and his training are discussed by Prof. Knist

1 Zitelmann, Ernst. Die vorbildung der juristen. Leipzig. Dunckei

& Humblot, 1909. 45 p.

2 Grueber, Erwin. Die vorbildung der juristen 11. ihre reform. Leip-

zig, Scbald, 1910. 19 p.

3 Gerland. Heinrieh B. Die reform des juristischen studiums. Bonn,

Marcus & Weber, 191 1. 160 p.

20 GUIDE TO THE LAW OF GERMANY

Freund, now of the University of Chicago, in an interesting
account in the Counsellor, volume i (Jan., 1892), pages 131-
135. It is illustrated by the learned author's own experiences
while obtaining the doctor's degree. Judge Karl v. Lewinski
gave to American lawyers an excellent account of the prelimi-
nary education of the German lawyer, his course of study in the
law school, and his practical work in the courts before his final
admission to the bar. The article, originally an address before
the American Bar Association vProceedings, 1908, pp. 814-
827), may be found in the Green Bag, volume 20 (1908), pages
5 1 6-5 2 3 , and is reprinted in volume 3 1 , New Jersey Law Journal
(1908), pages 324-331. Prof. W. E. Walz in the Maine Law
Review, volume 3 (Nov.-Dec, 1909), pages 1-6, 41-51, gives
an able account of the practical features of legal education in
Germany. The technical curriculum of the German law
school is presented by Dr. Gustav Schirrmeister in the Law
Magazine and Review, volume 29 (1904), pages 129-139.
Prof. Munroe Smith's article in the Columbia University
Quarterly (1902), pages 138-144 may also be consulted. In
one section (pp. 153-156) of a recent article, "German courts
at work," printed in the July, 191 1, number of the Journal of
the Society of Comparative Legislation, Julius Hirschfield
gives a good, though summary account of the education of
German lawyers, incidentally drawing comparisons with the
English system of legal eduation. Seminary methods of legal
education at the University of Berlin were discussed briefly
by Prof. E. G. Lorenzen in an article in volume 1, pages 388-
397, of the American Law School Review.

Attention must be called to a source of literature on legal
education which is especially directed to an outline of a course
of study and a program of the necessary law school literature.
This is contained in that section of works on legal encyclopedia
(infra) which is entitled " Methodology." Among the modem
works Gareis' Introduction to the science of law (infra), pages

LEGAL ENCYCLOPEDIA 21

303-329, may be consulted with greatest advantage. Part 3
of Hastie's Outlines oj the science of jurisprudence1 consists
of a translation from Dr. M. Falck's Rechtseneyklopddie (5th
ed., edited by Jhering, 1851). It is entitled "The scientific
study of jurisprudence, its preliminaries, special means and
appliances." Part 4 is a translation from the appendix of
Ahren's Rechtseneyklopddie (Wien, 1855). It is entitled
" Principles of juristic methodology." For the history of legal
education in Germany, these chapters from Hastie's work are
of much interest.

JURISPRUDENCE

A. — LEGAL ENCYCLOPEDIA

Legal cncylopedia, or juristic survey, is the term used by
Germans to describe one particular class among those works
which the Anglo-American lawyer knows under the title
"General Jurisprudence." By legal encyclopedia they mean,
to borrow Arndts's definition, "a scientific and systematic
outline or general view of the whole province of jurisprudence,
together with the data of that science; its purpose is to deter-
mine the compass and limits of jurisprudence, its relations to
other sciences, its internal divisions, and the mutual rela-
tions of its constituent parts." It is a classification of the law
into legal pigeonholes emphasizing their interrelation. It is
the first step in the training of the German law student; with
us, when not omit ltd entirely, it is the last. Prof. Munroc
Smith's article in the Columbia University Quarterly (1902),
pages 138-144 is of interest in this connection.

One of the most important of this class of works has recently
been made available to us in an English translation by A.
Kocourek. This is Gareis's Introduction to the science of law

1 Hastie, W. Outlines of the science of jurisprudence. An introduction
to the systematic study of law. Translated and edited from the
juristic encyclopedias of Puchta, I'rii ■dlander, 1'alck and Ahrens.
Edinburgh, T. & T. Clark, 1887. 282 p.

22 GUIDE TO THE LAW OF GERMANY

(Encyklopadie und metkodologie dcr rechtswissenschaft).1 It
has been incorporated into the Modern Legal Philosophy
Series as its first volume. The importance of the work to the
American lawyer can not be overemphasized, and as an intro-
duction to general jurisprudence and particularly to German
law it is of much value. It is well translated. Two other
works of this type must be noticed. One is by the well-known
Adolph Merkel,2 formerly professor at Strassburg (4th ed.,
1909), and the other by Arndts,3 the eleventh edition of
which, edited by Erwin Grueber, appeared in 1908.

The more recent works on legal encyclopedia, while in part
preserving the abstract philosophical background, nevertheless
bring themselves into close relation with the provisions of the
German Civil Code and modern law in general. This was less
true of the earlier works on the subject. They retained their
philosophic atmosphere throughout, and except for such
portions as dealt with the topics for legal study or method-
ology indulged in not a little speculation. This is true of
Puchta's (1798-1846) Outlines of jurisprudence as the science
of right, which was translated into English by W. Hastie in
his Outlines of the science of jurisprudence. 4 Puchta found

1 Gareis, Karl. Introduction to the science of law . . . tr. from the

3d rev. ed. of the German by Albert Kocourek . . . with an intro-
duction by Roscoe Pound. . . . Boston, The Boston Book Co., 191 1.

375 P-
Gareis, Karl. Encyklopadie und methodologie der rechtswissenschaft
(Einleitung in die rechtswissenschaft). 3. neu durchgearbeitete
aufl. Giessen, E. Roth, 1905. 228 p.
On the subject of Gareis' Science of law, see an article by Arthur W.
Spencer, in the April, 191 1, Green Bag, 191-196.

2 Merkel, Adolf. Juristische encyklopadie. 4. neu durchgesehene aufl.

Hrsg. von Dr. Rudolf Merkel. . . . Berlin, J. Guttentag, 1909.

385 P-

3 Arndts, R. von Arnesberg. Juristische encyklopadie und methologie.

nth ed. by E. Grueber. Stuttgart & Berlin, J. G. Gotta, 1908.
102 p.

4 Hastie, W. Outlines of the science of jurisprudence. An introduction

to the systematic study of law. Translated and edited from the
Juristic encyclopedias of Puchta, Friedlander, Falck and Ahrens.
Edinburgh, T. & T. Clark, 1887. 282 p.

LEGAL ENCYCLOPEDIA 23

his philosophical elements in the speculation of Schelling;
in legal method and thought, he is prominently identified
with the historical school of Savigny. A brief extract from
Friedlander's System of jurisprudence constitutes part 2 of
Hastie's translation. Friedlander, when he published his
Juristic encyclopedia, in 1847, was a lecturer at the Univer-
sity of Heidelberg. In philosophy, he was a Neo-Hegelian.
Part 5 of Hastie's book is likewise a translation from Fried-
lander's Juristic encyclopedia and is of historical importance,
in that it is concerned with the history of legal encyclopedia
as the systematic science of jurisprudence. The introduction
(pp. 9-22) of Korkunov's General theory of law (Hasting's
translation) contains an interesting account of the nature,
history and literature of legal encyclopedia.

A work of much value as a philosophical introduction to
the study of law is the celebrated Prof. Kohler's Einfiihrung
in die rechtswissenschaft. ' An article under the same title
by Prof. Grueber of Munich appears as the first contribution
in Birkmeyer's Encyklopddie der rechtswissenschaft (infra).
The same author in 1908 published an independent work on
the subject, largely a reprint of his article. 2 Dr. Spiegel's
Beitrdge zur kritik und methodik der rechtswissenschaft 3 also
merits our attention.

The term Encyklopddie der Rechtswissenschaft has been
used to describe a type of work which has grown out of the
more general use of that term. While still retaining its
character as a survey of the whole field of law, Holtzdendorff's

1 Kohler, Josef. Einfiihrung in die rechtswissenschaft. 3. ed. Leip-

zig, A. Deichert, 1908. 312 p.

2 Grueber, Erwin. Einfiihrung in die rechtswissenschaft. Berlin,

O. Hiring, 1908. 174 p.

3 Spiegel, Ludwig. Beitrage zur kritik u. methodik der rechtswissen-

schaft. Leipzig, Duncker & Humblot, 1909. 222 p.

24 GUIDE TO THE LAW OF GERMANY

Encyklopddie der rechtswissenschaft ' consists of some twenty
independent articles, by leading authorities in Germany,
covering the different branches of law. They are divided
into four broad divisions: (i) philosophy of law; (2) civil
law, including commercial law and procedure; (3) criminal
law; (4) public law. The sixth edition of this well-known
work, edited by Prof. Kohler, was published in 1904. The
fifth edition, published in 1890, contains articles by con-
tributors in part other than those found in the sixth edition,
and has therefore some independent value. Another notable
work of the type of Holtzdendorff is that edited by Dr. Karl
Birkmeyer of Munich,2 the leader of the classical school in
criminal law. It consists of fourteen articles by leading
authorities on different branches of law.

An important collection of monographs by the leading
publicists of Germany appears as one of the volumes in the
Kultur der gegavwart under the title Syslematischc rechts-
wissenschaft. 3 The second part of Holtzendorff's Encyklo
padie was formerly called Rechtslexikon, and presented in
alphabetical arrangement a synopsis of German law. For
this purpose it is now largely antiquated, but its bibliogra-
phies are still useful. The last edition appeared in 1875.

B. — PHILOSOPHY OF LAW

Works on the philosophy of law (Rechts philosophic) take up
the philosophical foundations of the legal order, legal systems,
institutions and doctrines, and the philosophical and ethical

1 Holtzendorff, Franz von. Encyklopadie der rechtswissenschaft. 6th

ed. by Josef Kohler. Berlin, Duncker & Humblot, 1904. 2 v. See
the extensive article by Prof. Erwin Grueber (Law Quarterly Re-
view, vol. 1, 1885. pp. 62-79) in which the contents of the fourth
edition of this work are discussed.

2 Birkmeyer, Karl. Encyklopadie der rechtswissenschaft. Berlin,

O. Haring, 1904. 1516 p.

3 Systematische rechtswissenschaft von Stammler, Sohm, Gareis,

Ehrenberg, Bar, Seuffert, Liszt, Laband, Anschiitz. Part of Die
Kultur der gegenwart, Edited by P. Hinneberg. Part II, Section
VIII. Leipzig, Tcubner, 1906.

PHILOSOPHY OF LAW 25

bases of particular branches of the law. Works on the general
theory of law (Allgemeine Rechtslehre) treat of general con-
ceptions of law or of a legal system. The division between the
works on Rechtsphilosophie and Rechtslehre is often vague.

A class of work which also presents a scientific analysis of
fundamental legal conceptions is the Introductory or General
Part of works on Pandektenrecht or modern Roman law.
These works take up the details of a complete legal system
and will be discussed later.

Jurists have been arranged in schools or groups according
to their methods, or according to their fundamental concep-
tions of law, in its origin, nature or purpose. Classifications,
however, are by no means rigid, and the lines between the
schools are often very indistinct.

Jurists, moreover, are frequently identified with certain
leaders in juristic thought whose doctrines they tend to follow
or approach. The theories of these early leaders have now
been largely abandoned, but to adopt Sheldon Amos' charac-
terization, they have "stamped their personality, their nom-
enclature, their ethical tone, and their methods of philo-
sophical analysis so ineffaceably upon the science of jurispru-
dence", that a survey of German legal philosophy can not
omit these master works.

Method is an essential characteristic of every science.
Methods applied to legal science have gained recognition as
they have proved of practical utility in producing a symmet-
rical system of law suitable to the needs of the people whose
social relations it has to regulate. The four methods princi-
pally employed in legal science have been the metaphysical,
or a priori, the historical, the analytical, and the comparative,
each of which has had illustrious representatives.

The metaphysical method, adopted by what was probably
the largest class of the philosophical jurisls, investigates the
abstract ideas of right and law in their relation to morality,

26 GUIDE TO THE LAW OF GERMANY

freedom, and the human will. Law becomes the expression
of an idea. In the hands of certain of its exponents, this
method gave new life to the school of natural law which
regarded divine law as superior to human law, the law of man
being simply a part of a larger scheme of the universe. In the
hands of others, it helped to supplant the law-of-nature school.

The reaction against this latter school by the historical
school helped to produce a new theory of law. The historical
jurist sees in law a product of time and unconscious evolution;
a rule of human action becomes the result of human experience.
The reaction against the divine authority of law in favor of a
constituted authority produced what has been called the posi-
tive school of thought, represented by Hobbes in England in
political philosophy, and by Thibaut in Germany as a practical
dogmatist in law. The opposition in England of the historical
to the positive school finds a counterpart in Germany in the
controversy between Savigny and Thibaut, to which conflict
we shall recur later.

The analytical method starts from the concrete, from actu-
ally existing legal data, defines the terms, classifies them, and
explains their connotation and interrelation. The analytical
school, essentially of English origin, first became important in
Germany with Binding's Die Normen und ihre iibertrclung
(1872).1 It considers law as the product of a conscious or deter-
minate human will. The modern development of this method
and its application to current social problems is identified with
the name of Jhering. Jhering represents a reaction against
the historical school of Savigny. While continuing to regard
law as a historical phenomenon, Jhering denies that it is an
unconscious growth; on the contrary, he asserts that it is
and always has been made, and that means of serving human
ends are discovered and fashioned consciously into laws. He

1 Binding, Karl. Die normen und ihre iibertretung. Leipzig, Engel-
mann, 1872-77. 2 v. v. 1, 2nd ed., 1890.

PHILOSOPHY OF LAW 27

5 with the English analytic school in emphasizing the
possibility of enforcement as an essential characteristic of law.

The comparative method is concerned with space, as the
historical is with time. It collects and examines the doctrines,
rules, and notions which are found in every developed legal
system, notes their agreements and differences, and thereby
seeks to construct a system of law. While this method has
produced no distinct theory of law, it has come into promi-
nence through the works of Dahn, Post, and Kohler, in which
comparative ethnology and anthropology are considered as
important bases of jurisprudence.

The leading representative of t he metaphysical group was
the great philosopher Kant (1724-1804). With Kant, juris-
prudence for the first time fell into the hands of the meta-
physicians, and this union of law and metaphysics character-
ized a considerable portion of the German legal philosophy
of the early nineteenth century. Kant's philosophy of law
is contained in his work Die metaphysik do- ritten,' published
in 1797 as the first part of his Mi taphysic oj morals, the sequel
and completion of his Foundation jor a metaphysic oj morals}
We possess an English translation of the work by W. Hastie.3

The important legal philosophers of the early nineteenth
century who have themselves become leaders of juristic,
thought — Fichte, Schelling, Hegel, Krause — made the Kantian
philosophy the starting point of their individual efforts.

1 Kant, I. Die metaphysik der sitten. Erster teil. Metaphysische

anfangsgmnde der rechtslehre. Konigsberg, 171)7.

2 Kant, I. Grundlegung zur metaphysik der sitten. Translated by

Willich (1798), Semple (1836) and Abbott (185

3 Hastie, \V. Kant's philosophy of law . An exposition of the fundamen-

tal principles of jurisprudence as the science of right, by Immanuel
Kant. Translated from the German by W. Hastie. Edinburgh,
T. & T. Clark, 1887. 265 p.

28 GUIDE TO THE LAW OF GERMANY

Fichte's (1762-1814) most prominent work is his Grundlage
des naiurrechts.1 The work was translated into English in
1869.2 Schelling (1 775-1 854) is perhaps best known through
his disciple Stahl (1802-1861), generally considered the
leading representative of the theological school in legal
philosophy.3

Hegel's (1770-1831) great work is his Grundlinien der
philosophic des rechts, which has been translated into English
by Prof. Dyde.4 The work first appeared in 1821, and in
1833 was edited by Gans (2d ed., 1840). In 1902 an edition
by Bolland was published in Leyden. The well-known editor
of the Encyklopddie u. der phanomenologie , George Lasson, has
recently brought out a new edition,5 in which he has carefully
edited the text and supplied a valuable introduction and
copious notes. Prof. Kohler, the most prominent Neo-Hege-
lian, took occasion, on the appearance of this work, to write
an article on Hegel's legal philosophy. It may be found in
the October, 1911, number of the Archiv fitr rechts- und wirt-
schajtsphilosophie, pages 104-114. The Hegelian philosophy
considers law the expression of the culture of a people in the
form of principles for the government of men's external rela-
tions to one another. To quote Korkunov, Hegel's disciples
have sought to present the development of different systems
of positive law as a dialectic development of the general idea

1 Fichte, J. G. Grundlage des naturrechts nach principien der wissen-
sehaftslehre. Jena und Leipzig, C. E. Gabler, 1796-97. 2nd ed. 2 v.
in 1.

'-' Fichte, J. C. The science of rights. Translated from the German by
A. E. Kroeger. Philadelphia, Lippincott, 1869. 505 p.

3 Stahl, F.J. Die philosophic des rechts. 3 V. 4thed. Heidelberg, 1870,

v. 1 (History) translated into French by Chauffard (Paris, 1870).

4 Hegel, G. W. F. Philosophic des rechts. Translated by Professor

Dyde as "Philosophy of right." London, Bell, 1896.

5 Hegel, G. W. F. Grundlinien der philosophic des rechts. Mit der

von Gans redigierten zusatzen aus Hegel's vorlesungen neu hrsg.
von Georg Lasson. Leipzig, F. Meiner, 1911. 380 p.

PHILOSOPHY OF LAW 29

of liberty. An outline in English of Hegel's legal philosophy
is given in Dr. James Hutchison Stirling's Lecturet on ilu phi-
losophy of lau\l The lectures of W. G. Miller delivered at the
University of Glasgow, adopt in general the Hegelian stand-
point.3

Krause (1781-1832) is now recognized as the definite
founder of the organic and positive school of natural law, and
brings to its fullest effect the philosophy of Kant. His two
most prominent works are his Grundlage des naturrechts,3 and
his Abriss des systems der rechts philosophic.* The leading
representative of the Krause school was the celebrated Ahrens
(1808-1874), whose Cours de droit natun I ' has an international
reputation. The only English work which displays sympathy
for the principles of Krause and his school of natural right is
Prof. Lorimcr's Institutes of law." Pollock in his Essays in
jurisprudence and ethics, page 19 et seq., gives considerable
space to Lorimer's work and the theory.

The various schools of juristic thought have been in frequent
opposition, and the history of legal development in Germany
is closely identified with their controversies. The nineteenth
century opened with the reaction by the historical school,
resurrected and rehabilitated by Hugo (1 764-1 844), against
the school of natural law. The first effective challenge of this
revived school was extended by Savigny, its most illustrious

1 Stirling, James Hutchison. Lectures on the philosophy of law.

London, 1873. 139 p.
- Miller, VV. G. Lectures on the philosophy of law. London, C.

Griffin, 1884. 432 p.

3 Krause, C. Chr. Grundlage des naturrechts oder philosophischer

grundriss des ideals des rechts. v. 1, 1803.

4 Krause, C. Chr. Abriss des systems der rechtsphilosophie oder des

naturrechts, 1825. (System der rechtsphilosophie, Leipzig, 1873.)
1 Ahrens, Hcinrich. Cours de droit nature 1 oil de philosophic du droit
8th ed. Leipzig, Brockhaus, 1892, 2 v. 6th (German) ed. Vienna,
1870. English translation, Boston, 1880 (Miller's bibliography).
0 Lorimer, J. Institutes of law. A treatise of the principles of juris-
prudence as determined by nature. 2d cd. Edinburgh, 1880.

30 GUIDE TO THE LAW OF GERMANY

representative, in his intellectual contest with the practical
dogmatic school of Thibaut. Savigny also opposed his his-
torical method to the abstract metaphysical speculations of
the contemporary Hegelians. After the controversies of
Thibaut and Savigny on the possibility and utility of codifi-
cation had been forgotten in the great constructive work of
codification and law reform which began with the Bills of Ex-
change Act (Wechselordwung) of 1849, and which was continued
in the Commercial Code of 1861 and later in the Imperial
statutes of 1877, the arena was cleared for the struggle between
the Germanists and the Romanists. While not strictly a
conflict between philosophical conceptions of jurisprudence,
the contest may nevertheless be considered an effort of the
then newly arising analytical school, by its critical methods,
to overthrow the dominant Romanism in German law. These
controversies having now largely subsided with the enactment
of the Civil Code, the social conditions of the present day have
given rise to a new school which Roscoe Pound calls a socio-
philosophical or sociological school. This sociological school
of juristic thought combines within it the methods of the
historical, analytical, and revived philosophical schools.

The substance of the struggle between the historical and
dogmatic non-historical schools, whose champions at the height
of the controversy were Savigny and Thibaut, is exemplified
by two small works, the one by Savigny (1 779-1 860), his cele-
brated Of the vocation of our age for legislation and jurispru-
dence, first written in 1814 (English translation by Abraham
Hayward from the second, 1828, edition, London, Little-
wood, 1831), and the other by Thibaut, a pamphlet called
Uber die notwendigkeit eincs allgemeincn biirgcrlichcn rechts
fiir Deutschland, published in 18 14 with some other doctrinary
monographs. Both works were due to a revival of German
patriotism, caused by the Napoleonic wars. Thibaut urged
his countrymen to promote German unity by codifying and

PHILOSOPHY OF LAW 3 1

unifying their laws. Savigny warned them against hastily
and inconsiderately following French models. A short
critique of the German historical school is presented in Kor
kunov's General theory 0} law (Hasting's translation), pages
1 18-122. In section 19, pages 143-156 of that book the
doctrines of Hugo, Savigny and Puchta, the most typical
representatives of the historical school, are set forth. The
political and legal conditions upon which Thibaut based his
advocacy of codification are also well stated. A list of the
works of Hugo, the father of the historical school, are to be
found in the American Jurist, volume 14 (1835), page 48, and
those of his great disciple, Haubold, in the footnote on page 49
of the same volume. A valuable study of the life and in-
fluence of Savigny was written for the Journal of the Society
of Comparative Legislation, vol. 11 (November, 1910), pages
32-54, by J. E. G. DeMontmorency, this being one of a series
entitled "The great jurists of the world." Dr. \Y. Guthrie's
excellent translation of the eighth volume of Savigny's System
des heutigen romischen reckts1 is introduced by an admirable
account of Savigny and his standpoint. This introduction
also contains (p. 13) in Savigny's own words, a refutation of
the charge made against the historical school, that its disciples
sought to impose Roman law upon modern conditions in
Germany.

In the latter part of the nineteenth century strict philosophj
of law fell into disrepute because of its mistaken identification
with the metaphysical speculations of Kant and Hegel.
Nevertheless such works as Lasson's System der rechtsphiloso-
phie (Berlin, 1882), and the works of Kohler indicate a distinct
revival of the I Iegelian school. Stammler, t he most prominent
Neo-Kantian of modern times, also shows the influence of the

1 Savigny, F. Carl von. A treatise on the conflict of laws. Translated,
with notes, by William Guthrie, 2d ed. Edinburgh, T. & T. Clark,
1880. 567 p.

32 GUIDE TO THE LAW OK GERMANY

general philosophical awakening at the end of the nineteenth
century. Jhering, Kohler and Stammler are the leaders of
the modern sociological-philosophical school.

The differences between the various schools have called
forth a number of excellent articles in English and American
periodicals to which it seems fitting to direct attention. By
all means the most important of these are the two articles
published by Roscoe Pound on the "scope and purpose of
sociological jurisprudence," which appeared in the June and
December, 191 1, numbers of the Harvard Law Review
(Vol. 24, pp. 591-619; vol. 25, pp. 140-168). It is a brilliant
account of the origin, principles, development, and inter-
relation of the various schools of juristic thought. The
second of the articles devotes considerable space to the
doctrines and influence of the greatest of the social utilita-
rians, Jhering, and the leader of the modern Neo-Kantians,
Stammler, to whose notable work we shall refer below.
Prof. Pound's forthcoming book Sociological jurisprudence, of
which these articles are the substance, will unquestionably
command widespread attention.

The different schools of jurisprudence, with emphasis on
the sociological, were described by Prof. Pound in his paper
"A new school of jurists," published in the University Studies
of the University of Nebraska, Lincoln, Nebr. (Vol. 4, July,
1904, pp. 249—266). Gareis's Science oj law, Introduction,
page 12, presents a succinct outline of the various schools.
The twelfth essay in Bryce's Studies in history and juris-
prudence (Oxford, 1 901), volume 2, pages 172-208, while not
confined to Germany, discusses the principal methods of legal
science, their application to the philosophy of law, and their
theoretical and practical utility. The concluding pages of
Munroe Smith's brilliant essay on Jurisprudence1 take up

1 Smith, Munroe. Jurisprudence. New York, Columbia University Press,
1908. 42 p.

PHILOSOPHY OK I. AW 33

the principal schools of juristic thought, their theories, and
their methods.

An article by Prof. Pound published in volume i of the
Innual Bulletin of the Comparative Law Bureau presents the
attitude of the three principal schools, the analytic, the his-
torical, and the modern sociological-philosophical school
toward a certain phase of the contemporary movement for
the reform of legal procedure in Germany — the function of
the judge in the application of law (Recktsanwendung). Dr.
M. Rumpf in a small work entitled Gesetz und richter1 has
made a valuable contribution to this much debated question
of the proper function of the judge in applying the law, and
the relation between legislation and judicial decision. The
work has recently been translated into French. A book on
the same subject by Briitt ' has attracted some attention.

In an article entitled "German historical school of juris-
prudence," published in the American Jurist , volume 14 ( 1835),
pages 43-62, there appears a translation of the seventeenth
chapter of Lerminier's great work Introduction g&nSrale ii /'
histoire </» droit (2d ed., Paris, 1835). The article contains
a learned discussion of the conflicting theories of Savigny and
Thibaut, as portrayed in their works. In a similar article
comparative of these two schools, under the title "Schools of
German jurists" (Monthly Law Magazine, vol. 6, 1839, pp.
77-98), the two great schools of Roman lawyers and their
principal disciples are discussed, followed by a comparison of
the respective schools of Savigny and Thibaut. A. II. Lefroy,
in an article entitled "Jurisprudence," which appeared in the
Law Quarterly Review, 191 1, pages 180-186 distinguishes the
English from the German historical school of jurisprudence,
explaining that the former is scientific in origin and deals with

1 Rumpf. M Gesetz tt. richter. Berlin, Liebmann, 1906. 199 p

-' Brim. I. Die kunst der rechtaanwendnng, Berlin, J. Guttentag,

100;. 214 p.

29774°— 12— 3

34 GUIDE TO THE LAW OF GERMANY

the growth of juridical ideas within the legal system, whereas
the latter is political in origin and deals with the development
of legal systems as a whole. His opinions are based on
Pollock, Vinogradoff, and Maine. In an article by Prof.
Ernst Freund, published in the Political Science Quarterly,
volume 5 (1890), pages 468-486 under the title "Historical
jurisprudence in Germany" there is a critical discussion of
the spirit and work of the historical school of jurists in their
struggle with the philosophical and the practical dogmatic
schools. Prof. Rudolf Leonhard, Kaiser Wilhelm exchange
professor at Columbia University, 1907-8, in an introductory
address on the "Methods followed in Germany by the his-
torical school of law " (published in the Columbia Law Review,
vol. 7, 1907, pp. 573-581) examines with friendly criticism
the methods of the historical school and lays emphasis on its
achievements.

A useful bibliography of the philosophy of law, divided by
schools and periods, is printed as Appendix E (pp. 408-424)
of \V. G. Miller's Lectures on the philosophy of law (London,
Griffin, 1884). Prof. Salmond's well-known work on Juris-
prudence (London, Stevens & Haynes, 1907, 2d ed.) contains,
in Appendix V, a carefully selected bibliography.

The social conditions at the end of the nineteenth century
and the demands of society for the effective administration
of justice in the existing complex industrial organization
helped to create a new group of jurists, the social utilitarians,
who gave a new direction to philosophy of law, turning from
its nature to its purpose. Rudolf Jhering (181 8-1 892), the
great Romanist, is the leader of this group, of which Berolz-
heimer and Sternberg are prominent representatives. Jhering's
views have exercised a permanent influence on the whole trend
of modern juristic thought and conceptions of law, and jurists
generally will agree with Roscoe Pound that his work is quite as
epoch-making as that of Savigny . Jhering, analytically inclined,

PHILOSOPHY OF LAW 35

represents a violent reaction against the historical school.
Instead of considering law the result of unconscious growth,
like language, Jhcring by his teleological method succeeded in
showing that it is fashioned to meet human ends consciously.
His is a jurisprudence in which legal precepts are created and
tested by their results and practical application. Jhering
was the pioneer in doing for Germany what is now most
urgently needed in America: he substituted a jurisprudence
of results (Wir klichheUs juris prudettz) for a jurisprudence of
conceptions (Begrijfsjurisprudenz). He was the first to
advance what is now the generally accepted theory that law
is the means by which society recognizes and protects indi-
vidual interests. It is not invoked by the individual against
society, but is created by society to secure those individual
interests which it recognizes. This social theory of law, and
its practical effect in the interpretation of modern legislation
has just begun its development, A discussion of the relation
between the utilitarian school and those it has superseded
may be found in ECorkunov's G neral th, ory of law, pp. 104-1 15.
Prof. Munroe Smith in a series of articles appearing in the
Political Science Quarterly,1 under the title "Four German
jurists," brims, Windscheid, von Jhering, and Gneist, under-
takes a critical study of the works and philosophy of these
scholars and of their influence on the development of law.
A list of their principal publications appears in volume 10
(1895) of the Quarterly, pages 664-665. Two other impor-
tant articles in English on the teachings of Jhering have
appeared in periodicals. Prof. William Markby, in the Law
Magazine and Review, fourth se-ries, volume 3 (1N7S), pages
389-412, under the title "German jurists and Roman law,"
discussed Jhering's legal theories, particularly as he expounds
tluin in his Geist des romischen rechts (Leipzig, 1873, 6th ed.,

' Political Science Quarterly, v. 10(1895), I'l' '''m '"'-'• v- " (•896),
pp. .'78-309; v. 12(1897), pp. 2] <•-•; v. 16 (1901), pp. 641-679.

36 GUIDE TO THE LAW OF GERMANY

1881-1907, 3 volumes). In the same article he discussed to
some extent Jhering's forceful little work, Der kampf urns
recht (17th ed., Wien, Manz, 1910), which has been translated
into almost every modern language and appears in a rather
poor English translation, from the fifth German edition, by
John J. Lalor (Chicago, Callaghan & Co., 1879). This last-
mentioned work is also discussed in an article by Judge U. M.
Rose, published in the Southern Law Review, new series,
volume 2 (1876), pages 551-575, under the title "Controversies
of modern continental jurists." The article contains an
exposition of the general legal philosophy and doctrines of
Jhering.

Jhering's leading work, with which his juristic thought is
usually identified, is his Der zweck im recht (Teleology of law).1
This work is shortly to be translated under the title Law as a
means to an end by Isaac Husik, of the University of Penn-
sylvania, as one of the Modern Legal Philosophy Series under
the general editorship of a committee of the Association of
American Law Schools. The theories presented in this work
constitute the basis for the discussion of Jhering in Pound's
recent article and occupy a prominent place in Munroe Smith's
article on "Four German jurists" (supra). Chapter XII
(pp. 262-310) of Lightwood's Nature of positive law (London,
Macmillan, 1883) is entitled "Modern German schools of
jurisprudence." It consists largely of a portrayal of Jhering's
conceptions of law as opposed to those of Savigny and Puchta.

Berolzheimer, while a Neo-Hegelian, may be identified
with the juristic conceptions of Jhering. His most prominent
contributions to literature are his five volumes on legal and
social philosophy.2 Part of this work, Die kulturstu/e der

1 Jhering, Rudolf. Der zweek in reeht. (1st ed. 1877-1883). 4th ed.

Leipzig, Breitkopf & Hartel, 1904-1905. 2 v.

2 Berolzheimer, Fritz. System der rechts u. wirtsehaftsphilosophie.

Miinchen, C. H. Beck, 1904-1907. 5 v.

PHILOSOPHY OP LAW 37

rechts it. wirischaftsphilosophie, is to be translated by Mrs.
Joseph Jastrow as Volume II of the Modem Legal Philosophy
Series. This is to offer a comprehensive survey of the works
of all the philosophers, from the beginning to the present
time, in their treatment of legal theory. Berolzheimer's
RechtsphUosophischc sludicn l assured him a prominent place
among present day scholars.

Jhering has exercised a strong influence on writers on the
general theory of law, particularly as to the essential char-
acter of enforcement. Theodor Sternberg's Allgemeine
rechtslehn • is among the more important of the recent works
cm jurisprudence. Although a Russian work, we can not over-
look Korktmnv's General theory of law? which has been made
available to Anglo-American lawyers by the excellent trans-
lation of Prof. Hastings. In its thorough grasp of legal con-
cepts and its critical acumen, it is of primary importance in
the study of German juristic thought. The work has been
incorporated in the Modern Legal Philosophy Series, as
Volume IV.

Attention may be called to a recent work on the general
theory of law by August Sturm. He calls it the "psychologi-
cal basis of law."* Its value is still uncertain.

The practical need for a new philosophical jurisprudence
brought to the front a jurist whose work has made him
prominent among modern scholars. This is Prof. Rudolf
Stammler, of Halle, a Xen Kantian. He represents a reaction
against the historical school in his return to the philosophical

1 Berolzhcinur, I'ritz. Rcchtsphilosophisclic studien. Munchen, C. H.

Beck, 1903. 167 p.
1 Sternberg, Theodor. Allgemeine rechtslehre. Leipzig, Goschcn. 1904.

2 v.
1 Korkunov, N. M. General theory of law. English translation b) W. G

Hastings. Boston, Boston Bo >k <-■> , mai. 524 p.
4 Sturm. August. Die- psychologiselu grundlage ilcs rechts. Kin ln-itrag

rar allgemeinen rechtslehre. Hannover, Helwing, 1910. 531 p.

38 GUIDE TO THE LAW OF GERMANY

method. His theory of the social in place of the old indi-
vidualistic ideal as a criterion of justice is in reality a legal
theory of social justice which meets the social problems of the
century and interprets the social will. To quote Prof. Pound,
the whole science of jurisprudence has received a new stand-
point. Kantorovicz, cited by Pound, states that it is Stamm-
ler's endeavor to find a method of "determining and directing
the application of legal rules so that they shall have the
quality of being objectively just." He reaches justice
"through law" instead of "according to law."

All three of Stammler's leading works are of the utmost
importance. For his philosophy of law his Lehrc von d* m
richtigen rechie ' is the most prominent. Under the title
77a- theory of justice this work is to be translated into
English in the Modern Legal Philosophy Series. His work
Wirtsehaft und recht a is likewise an attempt to reach a theory
of law and justice which shall fit current social problems.
Stammler's latest work Tkeorie </<r rechtswissenschaft3 in-
cludes a complete system of his theory of jurisprudence.
He deals with the concept, the validity, the categories, the
method, the ideal, the technique, the practice and finally with
the history of law. The book has appeared too recently to
receive the discriminating evaluation that it deserves.

The Neo-Hegelians, whose most prominent disciple is their
leader Josef Kohler, have preserved and developed the his-
torical method. They have sought to relate this method to
the philosophy of law, to anthropology, to ethnology, and to
economics. Kohler's most important contribution to the
philosophy of law is his theory of the sociological interpreta-

1 Stammler, Rudolf. Die lehre von dem richtigen rechte. Berlin,

Guttentag, 1902-1907. 2 v.

2 Stammler, R. Wirtsehaft u. recht. 2d ed. Leipzig, Veit & Co.,

1906. 702 p.

3 Stammler, R. Theorie der rechtswissenschaft. Halle, Waisenhaus,

1911. 852 p.

PHILOSOPHY OF LAW 39

tion ;uicl application of law. Contrary to Savigny's theory

that law is an unconscious growth, Kohlcr holds thai law is a
product of the culture of a people in the past, and of the
attempt to adjust it to the culture of the present, in which a
conscious effort may be prominent. Scholars generally admit
that Kohk-r is the most versatile if not the greatest of living
jurists. Kohler's leading work in this branch of law is his
Lehrbuch der rechisphilosophie.1 Under the title The philoso-
phy of law, this book is being translated into English by
Adalbert Albrecht, as one of the Modern Legal Philosophy
Series. It is expected to appear very shortly. "The mission
and objects of philosophy of law" is the title of an article by
Prof. Kohler which appeared in the Illinois Law Review,
volume 5, February, 191 1, pages 423-430. It is a translation
by Albert Kocourek, of Chicago, of an article which was first
published in the Archiv fur rechts- wnd wirtschaftsphUosophie.
It is a concise statement of Kohler's philosophy. The
translator's final note on the slate of philosophy of law in
America is trenchant.

The object of Rudolf Bierling's Juristische prinzipienlehre,2
a work begun almost twenty years ago and just completed, is to
consider abstractly and present systematically the concepts
and principles underlying positive law. The author considers
law as having a formal nature, and thus differs essentially both
from the old law-of-nature school and from the modern legal
philosophy. An extensive review of the first volume by the
late Prof. Iv. Holder of Leipzig is found in the Kritischt 1 iertel-
jahresschrift fur </< *• tzgt bung, third series, volume 1 (vol. 37 of
whole series), 1895, pages 1-52. Besides reviewing volume i,
he discusses the basic principles of the whole work and Bier-
ling's legal philosophy.

1 Knhlcr. Josef. Lehrbuch der rechtsphilosophie. Berlin and Leipzig,

W. Rothschild. 1000. 219 p.

2 Bierling, Rudolf. Juristische prinzipienlehre. Leipzig, Mohr, 1894,

1898, 1905, 1911. 4 v.

40 GUIDE TO THE LAW OF GERMANY

A recent work by the octogenarian, Prof. Ernst Immanuel
Bekker, entitled Grundbcgrifjc des rechts und missgrifje der
geselzgebung l deserves attention among works on this subject.
It is a philosophic study of the basic principles of law from
the point of view of the association or group as a subject of
legal rights. A second volume is to contain a further discus-
sion of the misconceptions and errors of legislation.

A periodical, edited by Profs. Kohler and Berolzheimer,
dealing largely with the subject of legal philosophy, is the
Archiv }iir rechts- und wirtschafts philosophic, which also dis-
cusses questions of legislation. It is now in its fourth vear
(Publishers, W. Rothschild, Berlin).

Reference has been made on several occasions to the trans-
lations of German works that are to appear in the Modern
Legal Philosophy Series, edited by a committee of the Asso-
ciation of American Law Schools.2 The series is also to include
translations of important works on the philosophy of law pre-

1 Bekker, E. I. Grundbegriffe des rechts und missgriffe der gesetzge-

bung. Berlin, Rothschild, 1910.
'l The Modern Legal Philosophy Series is to consist of the following vol-
umes.— Volumes I and IV have already been published, and others
will appear shortly:

I. The science of law. By Karl Gareis of Univ. of Munich.
Translated by Albert Kocourek of Northwestern Univ.
Now ready. $3.50.
II. The world's legal philosophies. By Fritz Berolzheimer
of Berlin. Translated by Mrs. Joseph Jastrow of Madison,
Wis. Now ready. $4 25.

III. Comparative legal philosophy, in its application to legal

institutions. By Luigi Miraglia of the Univ. of Naples.
Translated by John Lisle of the Philadelphia bar. In
press. $4.75.

IV. General theory of law. By N. M. Korkunov of the Univ.

of St. Petersburg. Translated by W. G. Hastings of the
Univ. of Nebraska. Now ready. $3.50.
V. Law as a means to an end. By Rudolf von Ihering of the
Univ. of Berlin. Translated by Isaac Husik of the Univ.
of Pennsylvania. Ready 1912. $3.50.
VI. The positive philosophy of law. By I. Vanni of the Univ.
of Bologna. Translated by John Lisle of the Philadelphia
bar. Ready 19 13. $3.50.

LEGAL HISTORY 4 1

anting the juristic thought of the most prominent Continental
legal philosophers. The value of this work to the American
lawyer can not be overestimated. The profession will recall
the Essays in Anglo-American legal history, edited under the
auspices of this same Association. They are adding to their
monumental labors by undertaking the publication of trans-
lations of the most important Continental works on legal his-
tory. For these meritorious enterprises, American legal schol-
arship owes to these committees, and especially to Prof.
W'igmore, one of their most active and inspiring members, a
profound and lasting debt of gratitude.

LEGAL HISTORY

German legal scholars make a distinction between the his-
tory of legal science or the history of legal theories, and the
history of law or the history of legal institutions. Probably
the greatest work on the history of German legal science, the
history of legal theories, is that by Prof. R. von Stintzing,

VII. Modern French legal philosophy. By A. Fouillee, J. Char-
mont, L. Dllguit and R. Demogue of the Universities of
Paris. Montpellier, Bordeaux, and Lille. Translated by
John Simpson of the New York bar. Ready 1913. S3 . 7 5 .
VIII. The theory of justice. By Rudolf Stammlcr of the Univ.
of Halle. S4.50.
IX .Select essays in modern legal philosophy. By various

authors. $4.50.
X. The formal basisof law. ByG. Del Vecchioof the Univ.
of Bologna. Translated by John I. isle of the Philadelphia
liar. Ready 1013. $4.50.
XI. The scientific basis of legal justice. $4.75.
XII. The philosophy ol law. By Joseph Kohler of the Univ. of
Berlin. Translated by Adalbert Albrccht of South Eas-
ton, Mass. Ready 1911. $3. 50.
XIII. Philosophy in the development of law. By 1'. Be Tour
touloii of the Univ. of Lausanne. $4.75.
The editorial committee consists of Profs. Wigniorc. Lorcnzcii, Pound,
Freund, Huberich, and Kocourelc. The Boston Book Co. are the
publishers.

42 GUIDE TO THE LAW OF GERMANY

entitled Geschichtc der deutschen rechtswissenschaft.1 The
author was able to finish only two volumes of this masterpiece,
when death cut short his scholarly activities. The work has
recently been brought to a close by the publication of the
fourth volume by Dr. Ernst Landsberg, who had previously
published the third volume. The original author carried the
work to 1700. The entire natural law school of Grotius and
the authors who died after 1700 are treated of by Dr. Lands-
berg. The third volume, which reaches the beginning of the
nineteenth century, brings the civil law up to the threshold
of the historical school, criminal law to the beginning of the
speculative-philosophical school, and public law to the end
of the old German Empire. The volume which has just been
published brings the subject matter down to the new Civil
Code and the present century.

A brief account of the development of law in Germany from
the Leges barbarorum to the present Civil Code is contained in
Sir Courtenay Ilbert's Legislative methods and forms (Oxford,
Clarendon Press, 1900), pages 15-19. The introductions to
the English translations of the German Civil Code by Wang
and Loewv give historical accounts of German law. Schuster's
Principles of German civil law begins its introduction with a
brief historical sketch.

We might profitably devote many pages to pointing out
only the important books on legal history which were pub-
lished during the sway of the historical school in the nine-
teenth century. The literature of the period is, however,
discussed in the majority of the more recent works on
legal history, so that, however tempting it may be to pay
tribute to that remarkable scholarship which has explored
the field of legal history with an industry and a detail hitherto

1 Stintzing, R. von. Geschichte der deutschen rechtswissenschaft. 4
vols. v. 3 and 4 by Dr. Landsberg. Munich, R. Oldenburg, 1880-
1910.

LEGAI, HISTORY 43

unknown, we must dismiss this voluminous work without

comment, and pass on. To show that the work of these

scholars was not in vain we may be pardoned in again making

um of Maitland's words (Collected Papers, vol. Ill, p. 463) :

This people of pedants and dreamers, of antiquaries and metaphysi-
cians, after discussing the history of every legal term and every legal
idea, has made for itself what is out and away the best code that the
world has yet seen.

The greatest living exponent "f the history of German law-
is the venerable Prof. Heinrich Brunner of Berlin. His lead-
ing work, Deutsche rechtsgeschichte ' was published in two vol-
umes, 1 887-1 892; the first volume reached a second edi-
tion in 1906. The work constitutes part of a series edited by
Prof. Binding, of Munich, under the title Systematisches hatid-
buck tlir deutschen rechtswissensckaft. Kach contribution to
(his collection is important. The first volume of Brunner's
work treats of the early Germanic period and in a merely gen-
eral way of the Prankish. The second treats especially of the
Prankish period and of the different legal institutions of the
Pranks. Another similar work of Brunner's on German legal
history is entitled Grundzuge der deutschen rechtsgeschichte?
the fourth edition of which appeared in 1910. It was orig
inally a revision of Brunner's article Quellen und geschichte
& \ deutschen rechts, which appeared in the fifth edition (1890)
of Holtzendorff's Encyklopddie. It is a summary account
only, but comes down to very modern times. His larger
work, just mentioned, stops with the Frankish period and
is, therefore, incomplete. Both contain copious bibliographic
notes. In his Forschungen zur geschichte des deutschen und
jranzosisclu n rechts,3 l'rof. Brunner has collected a number of

' Brunner, H. Deutsche rechtsgeschichte. 2 vols. v. 1., 2d ed .

1906. Leipzig, Duncker & Humblot, njoG, 1S9.;.
-Brunner, H. Grundzuge der deutschen rechtsgeschichte, |ih ed

Leipzig, Duncker & Humblot, 1910.
3 Brunner, H. Forschungen zur geschichte des deutschen und frau-

zosischen rechts. Stuttgart, J. G. Cotta, 1894. 750 p.

44 GUIDE TO THE LAW OF GERMANY

articles on the history of procedure and on criminal and civil
law, previously published at various places.

A well-known treatise, very popular in German universities,
is that by Prof . Schroder of Heidelberg, Lchrbuch der deutschen
rechtsgeschichte,1 the fifth edition of which appeared in 1907.
It is learned, methodical and accurate, and plentifully supplied
with bibliographic notes. It presents the whole of German
legal history in compact form, somewhat analagous to the
work of Viollet on French and Schupfer on Italian legal his-
tory. Prof. Heinrich Siegel's Deutsche rechtsgeschichte - is a
brilliant work. Another well-known treatise is that by Prof.
J. F. Schulte of Bonn, entitled Lchrbuch der deutschen reichs-
11 nil rechtsgeschichte.3 It is a simple presentation, uncolored,
of the public and private law of German)-, the various
legal institutions being treated individually. A valuable
work on the history of the sources of German law was pub-
lished by Prof. Otto Stobbe, Gesckichte der deutschen rechts-
quellen.* It covers the period from the tribal laws to the
first Commercial Code of 186 1. It is still a standard work
and excellent for the earlier legal literature. Two of the older
works on German legal history which still enjoy a scholarly
reputation are those by Prof. Zoepfl ' and Prof. Walter.''
Prof. Zoepfl separates the history of the sources from the his-
tory of the legal institutions, which he divides into public and

1 Schroeder, R. K. H. Lehrbuch der deutschen rechtsgeschichte.

5th ed. Leipzig, Veit, 1907. 1016 p.
' Siegel, H. Deutsche rechtsgeschichte. Berlin, F. Vahlen, 1895.

593 P-

* Schulte, J. F. Lehrbuch der deutschen reichs- und rechtsge-
schichte. 6th ed. Stuttgart, Nitzschke, 1892.

4 Stobbe, Otto. Geschichte der deutschen rechtsquellen. Leipzig,
Duncker & Humblot, 1860-1864. 2 v.

■' Zoepfl, Heinrich Matthias. Deutsche rechtsgeschichte. 4th ed.
Braunschweig, F. Wreden, 1871-72. 3 v. in 2.

'' Walter, Ferdinand. Deutsche rechtsgeschichte. 2d ed. Bonn, A.
Marcus, 1857. 2 v.

LEGAL HISTORY 45

private law, civil and criminal law and procedure. The work
is profusely supplied with footnotes. As an example of pro-
found research on the subject of inheritance in Germanic law,
we may mention the work of the late Dr. Julius Ficker,1
who also did such scholarly work in Italian legal history.

A valuable periodical, the Zeilschrifi fur rechtsgeschichte,
was founded in 1861 by several professors, and continued after
its fourteenth volume under the title Zeilschrifi der Savigny-
stiftung fur rechtsgeschichte. It still appears in the two parts
which were then established, Roman law and German law
(Romanistische und Germanislische Abteilung). Scholarlv
articles appear in it. A new periodical Gaius, Zeitschrijt fur
rechtsgeschichte (Vienna, Manz) founded by Prof. Pineles.of the
University of Vienna, has for one of its primary objects the
study of questions of legal history. The first volume covers
the years 1 907-1 910. Two collections of monographs on legal
history, the one appearing under the general editorship of
Prof. ( >tto Gierke - and the other lately begun by Prof. Konrad
Beyerle,' while occasionally containing excellent contributions —
especially those by Prof. Gierke — warrant only cursory atten-
tion in this survey.

The more important works dealing strictly with the history
of Germanic law, will be mentioned below in discussing the
elements which contributed to make up the present German
Civil Code. Nevertheless, it may be well to call attention
here to a collection of translations of works on continental

1 Ficker, Julius. Untersuchungen zur erbenfolge <ler ostgermanischen

rechte. Innsbruck, Wagner, iScji iijo|. (1 v.
'-' Untersuchungen zur deutschen staats- und rechtsgeschichte Hrsg.

von Gierke. Breslau, 1878-1(111. 104 v.
* Beyerle, Conrad. Deutschrechtliche beitrage. Heidelberg, 1907-

191 1. 6 v.

46 GUIDE TO THE LAW OF GERMANY

legal history which is now being undertaken, and is to include
several German works. '

The historical evolution of German civil law involves a study
of the component elements which entered into the drafting of
the present Civil Code. Prof. Gareis in his Science of law, pp.
114-118, describes the territorial distribution of the principal
bodies of law which were in force in Germany before the enact-
ment of the Civil Code. He describes these as (a) the "received"

1 The Continental Legal History Series will include the following eleven
volumes in English translation :

1. Historical survey of the sources, literature, and general devel-

opment of continental law. By R. Altamira, H. Brissaud,
H. Brunner, C. Calisse, E. Hertzberg, E. Huber, M. Planiol,
R. Stintzing, J. A. Van Hamel, and others. Translated by
Rapelje Howell, Francis S. Philbrick, and John H. Wigmore.

2. Great jurists of the world, from Papinian to von Ihering. By

various authors.

3. History of French private law. By Henri Brissaud. Trans-

lated by Rapelje Howell.

4. History of Germanic private law. By Rudolf Huebner.

Translated by Francis S. Philbrick.

5. History of continental criminal procedure, with special refer-

ence to France, and an excursus on Germany. By A. Es-
mein, with chapters by Francois Garraud, and by C. J. A.
Mittermaier. Translated by John Simpson.

6. History of continental criminal law, with special reference to

Germany, and an excursus on France. By Ludwig von Bar,
with chapters by E. Glasson. Translated by Thomas S.
Bell.

7. History of continental civil procedure, with special reference

to Germany, and an excursus on France. By Arthur Engel-
mann, with a chapter by E. Glasson. Translated by Robert
Wyness Millar.

8. History of Italian law. By Carlo Calisse. Translated by

John Lisle.

9. History of French public law. By Henri Brissaud. Trans-

lated by Rapelje Howell.

10. History of continental commercial law. By Paul Huvelin.

Translated by Ernest G. Lorenzen.

11. The evolution of la~w in Europe. By Gabriel Tarde and others.
The editorial committee is composed of Profs. Wigmore, Lorenzen,

Freund, Huberich and Mikell. The publishers are Little, Brown, and
Co. of Boston.

LEGAL HISTORY 47

Roman law or" Gemeines Recht;" (6) the Prussian " Landreckt,"
officially drawn up after many years of preparation in 1794,
under the direction of Frederick the Great; (c) the French law
in the upper Rhine region, and (</) the Saxon code of 1863.
Dr. Ernest Schuster adds two further groups to the bodies of
law then in force. But the two principal component systems
of the present Civil Code are unquestionably the subsidiary
common law or the Roman law as "received" and developed
in Germany after 1495, and the Prussian " Landreckt." Works,
therefore, dealing with German private law before the enact-
ment of the code may now be discussed under the head of
legal history. They are usually written from the standpoint
of the Germanist as opposed to that of the Romanist.

The works on German private law (Deutsches Privatrecht) u^" Barba-
are largely historical studies of the German folk laws or tribal
laws of the period between the fifth and ninth centuries. A
very good edition of these so-called barbarian laws (Leges
barbarorum) is that by Canciani,1 in five volumes, published
at the end of the eighteenth century. Another text edition
of these laws, including the capilularia was edited by Ferd.
Walter2 in three volumes. It may be well to mention the
excellent edition of the Anglo-Saxon laws which have
recently been edited by Dr. Felix Liebermann 3 at the instance
of the Bavarian Academy, and at the expense of the Savign)
St if lung fiir Rechtsgeschichte. Prof. Maitland, one of the
greatest of modern English scholars, made the appearance
of this edition the occasion for writing an essay on "The laws
of the Anglo-Saxons," which he published in the Quarterly

1 Canciani, Paolo. Barbarorum leges antiquac cum notis e1 glossariis

. . . Venetiis, apud S. Coletium el F. Pitterium, [781-92. 5 V.

2 Walter, Ferd. Corpus juris germanici antiqui. Berlin, Rentier,

1824. 3 v.
* I.ieliermann. S. Die gesetze der Angelsachsen. I. II.1 Hreg. im auf-
trage der Savigny-stiftung. Halle. Niemeyer, [898 1906,

48 GUIDE TO THE LAW OF GERMANY

Review, July 1904, and which is reprinted in the recent
edition of the Collected papers of Frederic William Mailland,
edited by Herbert Fisher, volume 3, pages 447-473. He dis-
cusses the previous editions of the Anglo-Saxon laws, and
pays a flattering tribute to Liebermann's edition.

The most important of the Leges barbarorum is, of course,
the Lex Salica or Salic law. Of this law we have an excellent
English edition by Hessels and Kern,1 published in 1880. A
good French edition, an improvement on all previous editions,
was that by Pardessus,2 published by the French Govern-
ment in 1843. The author gives all the existing versions of
the Lex Salica in eight successive texts. The best modern
German edition is that by J. F. Behrend,'1 published in 1897.
Hessels, however, basing his remarks on the first edition, finds
that this work does not afford the necessary facilities for
synoptical study. Two important studies on the laws of the
Salic Franks were published by the historian, Georg Waitz,4
in 1846 and by Prof. Clement "' (in a second edition by Prof.
Zoepfl) in 1879. Nor should we fail to mention the excellent
text and partly critical editions of the various Leges Barbaro-
rum which appear in that monumental historical work, the
Monumenta Germanics Historica. °

1 Hessels, J. H. & Kern, H. Lex salica: the ten texts with the glosses,
and the lex emendata. London, J. Murray, 18S0. 692 col. on 252 p.

8 Pardessus, Jean Marie. Loi salique ou recueil contenant les anciennes
redactions de cette loi et le texte connu sous le nom de lex emendata
avec des notes et des dissertations. Paris, Imprimerie royale, 1843.
50+740 p.

3 Behrend, F. J. Lex salica. 2d ed. by R. Behrend. Weimar, H.

Bohlaus, 1897. 236 p.

4 Waitz, Georg. Das alte recht der Salischen Franken. Kiel, 1846.

5 Clement, K. J. Forschungen iiber das recht der Salischen Franken

vor und in der konigszeit. Hrsg. von H. Zoepfl. 2d ed. Berlin,
1879.
15 Monumenta Germaniae historica. Berlin, Wiedmann, 1826-1909.
Particularly the Leges and Constitutiones. Important editions of
the old Germanic tribal laws are noted in Gierke, DeuUches privat-
rechl, I, p. 61, notes 2 and 3.

LEGAL HISTORY 49

A good account of legislation and legal development in
Germany from the fifth to the fourteenth centuries is con-
tained in Chapter IV, volume 1 , pages 156-231 of Herbert
Fisher's TU> medieval empire (London, Macmillan, 1898).
Some explanations of the various laws of the barbarian tribes
of Germany are presented in an historical work on the struc-
ture of feudal society by Edgar II. McNeal in a University of
Chicago doctor's dissertation, published in 1905.1 He treats
especially the Burgundian. Alemaunic, Lombard, Yisigothie,
and Bavarian codes. A learned article on the spread of Ger-
manic laws throughout the world was published as a rector's
address by Prof. Karl Lehmann,' of Rostock, in 1905.

On German private law as a system, several learned treatises German pm-
have been published. Perhaps the most celebrated is that
nf Prof. Otto Gierke, n of Berlin, the venerable Germanist, to
whose work we shall have occasion to recur. It was pub-
lished as a part of Binding's Systemaiisches Handbuch, to
which we have already referred. It may be well here to point
nut a distinction which Germans make between "Handbuch"
and "Lehrbuch." The "Handbuch' is really a scientific
treatment and critical discussion of the sources and other
material, including the literature connected with a subject.
The "Lehrbuch" is a treatise which presents positive law as a
dogmatic system, without criticism, although historical devel-
opment maybe recognized. Our "handbook" is the equiva-
lent of the German " Handausgabe." The first volume of
Gierke's work treats of general legal concepts and the general
law of persons; volume two, of the law of things. Under the

1 McNeal, Ldgar H. Minores and mediocres in the Germanic tribal

laws. Columbus, Hoer, 1905. 130 p.
2 Lehmann, Karl. Rezeptionen germanischer rechte. Rede zur feier

- Februar 1005. Rostock, Adler, 1905. p
1 Gierke. Otto Friedrich. Deutsches privatrecht. Leipzig, Duneker

& Humblot, 1895-1905. 2 v.

29774°— 12 4

50 GUIDE TO THE LAW OF GERMANY

rights of persons, the so-called "immaterial rechte" (rights in
immaterial things, or what we might call incorporeal rights,
patent right, copyright, etc.) are treated. Many German
writers treat these rights as a part of the law of things; they
divide " Sachenrecht" into the law of material things, or real
rights, and the law of immaterial things, or rights peculiar
to the person, such as patent and copyright. Another im-
portant work on German private law which has now gone
through three editions, is the " Handbuck" of Prof. Stobbe,1
the latest five volume edition of which was published between
1885 and 1900. Stobbe's work stands alone in its masterly
working up of the Germanic sources and manuscripts. Be-
sides its critical discussion of the sources and literature, it also
examines existing law. Nor, in this connection, must the
work of Prof. Karl von Amira,2 the noted scholar of Munich,
be left unmentioned. His Grundriss des germanischen rechti
is deservedly held in high esteem. Konrad von Maurer's re-
searches into the legal history and institutions of the northern
Teutonic peoples have placed him in the front rank of legal
historians.

Two works, both of which treat the subject matter from
the Germanic viewpoint and which along historical lines fol-
low the divisions of the present Civil Code, are those by Prof.
Heusler 3 of Basel, one of the Binding series, and by Prof.
Hiibner4 called "Principles of German private law." The
latter is perhaps the best one volume edition on the subject.

1 Stobbe, Otto. Handbuch des deutschen privatrechts. Berlin, W.

Hertz, 1885-1000. 5 v. in 6. (v. I-IV, 3rd ed. 1895-1000; v.
V, 2d ed. 1885.)

2 Amira, Karl von. Grundriss des germanischen rechts. 2d ed.

Strassburg, K. J. Triibner, igoi. (Reprint from H. Paul's Grundriss

der germanischen philologie.)
:i Heusler, Andreas. Institutionen des deutschen privatrechts. Leipzig,

Duncker & Humblot. 1885-86. 2 v.
* Hiibner, Rudolf. Grundziige des deutschen privatrechts. Leipzig.

A. Deichert, 1908. 757 p. Second edition in press.

LEGAL HISTORY 51

It is shortly tn be translated into English (see footnote,
p. 46). A few other important works on the subject, of some-
what less value for present day study than those just men-
tioned, are the "System" of Prof. Beseler,1 the father of the
Germanists, and those by Prof, von Roth - and Prof. Gerber.8
We can not leave the subject of the history of German private
law without mentioning a remarkable philological work which
has become a classic. This is Grimm's celebrated P< utsche
rechtsalterthiimer* first published in iSjS, which in a fourth
edition by Profs. Heusler anil Hiibner, appeared in 1899. The
author was a philologist rather than a jurist. The history of
legal institutions are traced from their philological symbols
and their terminology.

The law of the Prussian " Landreckt" which exercised so,1''"

Landrecnt

much influence on the Civil Code is, perhaps, best presented

in the work by Koch,5 the eighth edition of which was com-
pleted in 1886. It treats the subject in the form of a com-
mentary. By the term " Kotnmentar" (commentary), which
will occur frequently in the course of this Guide, the Germans
understand a treatment of a codified subject or of the sections
of a statute, article by article, with notes and annotations
under each. Two important works on Prussian private law
are the treatise by Dernburg,''1 in three volumes, the fifth

ler. System des gemeinen deutschen privatrechts. Leipzig,

A. Deichert, 1908.
-' Roth. Paul von. System des deutchen privatrechts. Tubingen,

1880-86. 3 v.
•Gerber. System des deutschen privatrechts. 17th ed i>> Cosack,

|. na, Fischer, 1895.
* Grimm, Jal oh 1 leutsche rechtalterth timer . 4th ed, by A. Heusler &

R. Hiibner. I Diet ri< h 1809. -• v.

' Koch, C. I-". Das allgemeine landrecnt fur die preussischen staaten. 8th

ed., by A. Achilles I'. Hinschius, R Johow & 1". Vierhaus. Berlin

Guttentag, 1883-86. 4 v.
'■ Demburg, Heinrich. Lehrbuch des preussischen privatrechts und der

privatrechtsnormen des reichs. Halle .>. S . . Waisenhaus, [894-97.

3 v.

52 GUIDE TO THE LAW OF GERMANY

edition of which was completed in 1897, and that by Forster '
in four volumes, the seventh edition of which was completed
in the same year. Another work, somewhat less useful, was
edited by two judges, Rehbein2 and Reincke. It is now out
of print.

Saxon Code A work on the private law of Saxony which is discussed in
the protocols of the codifiers of the Civil Code, is that by
Griitzmann,3 published at Leipzig in 1 887-1 889.

Baden Land- a good edition of the " Landrecht" of Baden,4 which con-

recht

tains most of the French elements which entered into the
composition of the Civil Code, reached a fourth edition in
1899.
Reception of Roman law as it was in force on German territory after its
so-called "Reception" in 1495, the date of the constitution of
the Imperial Chamber Court (Reichskammergerichf) , entered
very largely into the composition of the new Civil Code. This
introduction of Roman law into Germany is one of the most
important chapters in the history of law in Europe. It was
one of the effects of the revival of classical learning, aided on
the one hand by the political union of Germany and northern
Italy, by which German students became imbued with the
principles of Roman law, and, on the other hand, by the
feeling that the German Emperor was the successor of the
Roman Caesars. This period of German law and its influence
upon modern law is, of course, dealt with in all the more
important general works on German legal history. An excel-
lent essay by Prof. Grueber on the relation between Roman
law and modern German law may be found in the introduc-
tion to Eedlie's English translation of Sohm's Institutes, first

1 Forster, Franz A. A. Preussisches privatrecht. yth ed.. by M. E.

Eccius. Berlin, G. Reimer, 1896-97. 4 v.

2 Rehbein, Hugo & Reincke, Otto. Allgemeines landrecht fur die

preussischen staaten. . . 5th ed. Berlin, Muller, 1894. 4 v.

3 Griitzmann, P. Lehrbuch des kgl. sachsischen privatrechts. Leipzig.

Breitkopf & Hartel, 1887-S9. 2 v.

4 Das Badische landrecht. 4th ed. Karlsruhe, Lang, 1899. 456 p.

LEG AT. HISTORY 53

edition.' One of the best treatments in English of the special

period of the "reception" is presented in a small book recently
published by Prof. Paul Yinogradoff of the University of Ox-
ford, entitled Roman law in meduBvcU Europe.2 The fate of
the Roman law is dealt with in France, England and Ger-
many, pages 1 06- 1 ,;t covering the Roman law in German v.
The book is marked by the learning which characterizes all
the work of its distinguished author. Mr. Holdsworth, the
author of the monumental work on the "History of English
law." has just published, in recent numbers of the Law Quar-
terly Review (v. 27, pp. 387-398; v. 28, pp. 39-51), an interest-
ing account of the "Reception of Roman law in the sixteenth
century." The first two installments of the article have thus
far appeared. A good account of this period of German legal
history may be found in chapter XV, pages 399-416 of Guy
Carleton Lee's Historical jurisprudence (New York, Macmillau,
1900). It concludes with a brief sketch of the history of codifi-
cation in Germany. John Chipman Gray in Appendix III (pp.
303-306) of his Nature and sources 0} tin law deals with the
"reception" of Roman law. He quotes largely from Stobbe.
A valuable work on this period, which covers the literature ex-
haustively, was published by tin- eminent scholar R. Stintzing.3
Two smaller monographs, bj reason of tin- prominence which
they have received in the literature, deserve special mention.
The first is a work by Modderman published about 40 years
ago,4 and the other a recent work by Georg von Below.5

'Sohin, Rudolph. The institutes, a text book of the history and system

of Roman private law, translated by James Crawford Ledlie. 3d ed.

Oxford, 1907. 606 ]i. First ed. 1X92.
8 Vinogradoff, Paul. Roman law in mediaeval Europe. London and

New York, Harper & liros.. 1909. 136 p.
•' Stintzing. R. Geschichte der popularen literatur des rflmischen-kanoni-

schen rechts in Deutschland. Leipzig, 1867.
'Modderman, W. Die rezeption des r&mischen rechts VusdemHol-

landischen Qbersetzt von K. Scbulz. Jena, Dufft, 1875. 128 p.
5 Below. Georg von. Die ursaehen der rezeption des romischen rechts

in Deutschland. Munich, 0105 i'x. |>

54 GUIDE TO THE LAW OF GERMANY

The classic work on modern Roman law is the eight volume
"System" 1 of Savigny, which treats of general doctrines.
Volumes i, 2, and 8 have been translated into English.- The
introduction to the English translation of volume 8 contains
a short digest of the contents of the "System." Savigny's
work on Obligationenrecht (the law of obligations 1, two vol-
umes of which had appeared up to 1853, was never completed.
An English edition of this work in the form of an analysis,
with notes, was published in 1872 by Archibald Brown.3
Fandekicn- Modern Roman law as expounded in Germany is known

recht

under the name of "Pandektenrecht" and consists largely of
the digest of Justinian's Corpus Juris. Perhaps the most
valuable of the works on "Pandektenrecht," although there
are many excellent ones, is that by Prof. Windscheid, a very
active member of the commission which drafted the first
project of the Civil Code. His Lehrbuch* the ninth edition
of which was edited by Theodor Kipp in 1906, is valuable for
its keen distinctions, its thoroughness and its critical discussion
of the literature; its comparative presentation of Roman and
German civil law also distinguishes this work. A hardly less
important work is that by the late Prof. Dernburg,5 the eighth
edition of which, by Sokalowski, has recently appeared. It
is distinguished by its account of the latest practice, its clear-

1 Savigny, Friedrich Carl von. System des heutigen romischen rechts.

Berlin, 1840-49. 8 v. & Sachen- und quellen-register . . . von O. L.

Heusler. Berlin. 1851.
2 Savigny, Friedrich Carl von. v. 1 by William Holloway (Madras,

Higginbotham, 1867); v. 2 entitled Jural 1 Jetton* by W. G. Rattigan

(London, Wiley, 1894); v. 8. The conflict of laws, by William

Guthrie. 2d ed. Edinburgh, Clark, 1880.
'Savigny, Friedrich Carl von. An epitome and analysis of treatise on

obligations in Roman law, with notes by Archibald Brown. Lon-
don, 1872.
* Windscheid, Bcrnhard. Lehrbuch des pandektenrechts . . . 9th ed.,

by Theodor Kipp. Frankfurt a. M., Rutten & Loening, 1906. 3 v.
5 Dernburg. Heinrich. Pandekten. 7th ed., by Johannes Biermann.

Berlin, H. W. Muller. 1902-1903. 3 V. Sth ed. by Paul Sokalowski.

1911-1912.

LEGAL HISTORY 55

ness and its splendid style. Another able, although incom-
plete work on the subject is that by Prof. Regelsberger,1 of
Gottingen, published in the series of Binding. It treats only
of the general doctrines of law and the law of persons; it is
distinguished by the thoroughness of its research. The work
of Puchta,2 one of the greatest Romanists of his time, is still
consulted by legal scholars. The last edition was the twelfth
in [877. Nor should we fail to mention Puchta's well-known
I orlesungen s (lectures), the sixth edition of which appeared
in two volumes in 1874. Prof, von Vangerow's Leitfaden
(Guide)/ the seventh edition of which was published in three
volumes in 1 863-1869, is valuable for its discussion of special
detailed questions of Roman law. The treatise of Brinz,5
in four volumes, which was partly written by Lotmar, also
deserves attention. It is brilliant and exhaustive, but the
material is, unfortunately, not well organized and arranged.
A work of value in the investigation of the Roman law sources
of modern German civil kiwis Prof. KevananrisHandlexikon,*
the ninth edition of which was published by Seckel in 1907.
It is exhaustive and reliable. For the same purpose, Bruns
i'onti s 7 are of value.

1 Regelsberger, Ferdinand. Pandekten. Leipzig, Duncker & Hum-
blot, 1893. Regelsberger, who died within the last year, is con-
sidered one of tin- greatest of modern jurists. A biographical sketch
liv Prof. Knoke of Konigsberg, with a complete bibliography of
Regelsberger 's writings appears in the last number of Jhering's
I ihrbuchcr, v. 60. 1 5 heft (1911), p. 1-38.
Puchta, ('■. F. Pandekten. 12th ed., by T. Schirmer. la ipzig, Barth,

i*77-

Puchta, 1 '■ F. \oii, tiii -i 1 1 nil. 1 1I1. heutigc romische recht. Mh

ed. 1 S 7 4 . j v.

' Vangerow, Karl Adolph, Leitfaden fur pandekten vorlesungen. 7th
ed. Marburg and Leipzig, 1863-69. 3 V.
Brinz. Lehrbuchder pandekten. 2ded. [873-92. .| >
Ibumann. Handlexikon zu den quellen des rdmischen rechts 9th
>il , bj Seckel. Jena, Fischer, 1007.
1 Bruns-Gradenwitz. Pontes juris mm, mi antiqui. 7 1 1 1 ed. Tubin-
gen, Mohr, 1909. 2 v.

56 GUIDE TO THE LAW OP GERMANY

GERMAN CIVIL CODE

History The German Civil Code is the crowning achievement in

the codification of German private law. The first step in
the direction of uniform legislation in Germany was taken
by the states of the Zollverein. Their delegates met at
Leipzig in 1849 and drew up a uniform Bills of Exchange Act
(Wechselordnung), which with some amendments (the Nurn-
berg Novels) was adopted by all the German States. The
next landmark in codification was erected in 1861, when
the Diet of the German Confederation recommended to t In-
states the enactment of a Commercial Code, drawn up by a
specially appointed commission. The legislative authority
of the North German Federation, founded in 1867, was
extended to include criminal law, judicial procedure, con-
tracts, bills of exchange and commercial law. On this
authority the Federation, in 1869, enacted the Bills of Ex-
change Act and the Commercial Code as Federal law. In
1871, on the formation of the Empire, civil and criminal
procedure and criminal law were placed within the legislative
jurisdiction of the Empire. In 1871 a Penal Code was adopted,
and in 1877 — a momentous year in the history of German
codification — Federal Codes of Civil and Criminal Procedure
and a Federal Judiciary Act and a Bankruptcy Act were
placed on the statute books. The names of G. E. W. Leon-
hardt, Prussian minister of justice from 1867 to 1879, and
Edouard Lasker, are prominently associated with this move-
ment for the reform of German law. An account of the
legislation which the various codes of 1877 superseded is con-
tained in a series of articles by Dr. Edward Zimmerman,
published in the Law Magazine and Review.1

Lcjusiative gv (he constitutional amendment of December 20, 1871,

histoiy ' J

to article 4, section 13 of the 'Constitution of April 16, 1871,

1 Law Magazine and Review, N. S. v. 3 (1874) pp. 358-81, pp. 640-44
(should be 654); 4th series, v. 1 (1876) pp. 103-112.

CIVIL CODE 57

the legislative power of the Empire was extended to the
sphere of the entire civil law. The Bund* srat (Federal Council)
thereupon appointed a commission of five leading jurists to

report on a plan and method for undertaking the work of
cmist met in;; a Civil Code. The suggestions <>!" this com-
mission were approved by the Bundesrat and on the 2d of July
1874, they appointed another commission of eleven members
under tlie presidency of Or. Pape, then chief justice of the
OberhandelsgericlU at Leipzig. Of this commission, six mem-
bers were judges, three were officials in the ministries of justice
of their respective States, and two were university professors.
The common law or ' received " Roman law found its represen-
tatives in Profs. Windscheid, Roth, and Planck and Messrs.
Kiibel and Schmidt. The Prussian Landrecht was repre-
sented by Messrs. Pape, Johow and Kurlbaum. The Punch
law in its original form and in the guise of Baden Landrecht
was represented by Messrs. Derscheid and Gebhard, and the
Saxon law by Dr. von Weber. The work of the commission
was divided into five parts corresponding to the five general
divisions of the present code: (1) general part, including tin-
law of persons; (2) the law of obligations; (3) the law of things;
141 family law; and 151 the law of inheritance, each division
being assigned to a committee. The work in committee took
seven years, until 1881, and from that time until 1887 the
commission worked in committee of the whole, debating the
matter for six years. In 1887, the) reported out a draft of
the code (Entwurf) which, with their report, was handed to
the Imperial chancellor on December 27, 1887.

In an article by Prof. Krnst Freund in tin American

Law Review, volume J4 (1890), pages 2.V--.S4, there is a

scholarly account of the principles which governed the codifiers,

the contents of the code, tin- material excluded, the method

if work and the difficulties encountered, together with a

58 GUIDE TO THE LAW OF GERMANY

general discussion of the theory of codification. In the course
of an article on "State statute and common law," Prof. Munroe
Smith, in the Political Science Quarterly, volume 3 (1888),
pages 155-160, summarizes the history of codification in
Germany. Dr. Ernest Schuster, who has done so much to
familiarize English lawyers with German civil law, pub-
lished a learned article in the Law Quarterly Review, vol-
ume 12 (1896), pages 17-35, dealing with the history of
codification and especially with the preparatorv work in the
formation of the present Civil Code. The same subject is
treated in an interesting article by Prof. A. Pearce Higgins in
the Journal of the Society of Comparative Legislation, volume
6, new series (1905), pages 95-105. Prof. Maitland delivered
a presidential address to the Social and Political Educational
League in 1906 entitled "The making of the German Civil
Code," which was published in the Independent Review,
August, 1906, and is reprinted in his Collected papers, recently
edited by H. A. L. Fisher, in volume 3, pages 474-4S8. In
his brilliant way and in popular language he describes the
methods by which the code was enacted. One sentence may
be quoted :

Never yet, I think, has so much first-rate brain power been put into

an act of legislation.

Most interesting details of the work of the first commission
are given by Privy Councillor Dr. Vierhaus (then a judge of
the Court of Appeal in Cassel) in his EntstehungsgeschichU d< s
entwurfes eines B. G. B. [Biirgerliches GesetzbucK\ fur dm
deutsche reich (Berlin, Gutlentag, 1888). The protocols of
the first commission, whose labors ended in 1887, occupy over
1 2,000 mimeograph folio pages; they were never published for
the general public. The draft code which they submitted
was published officially in 18S8 under the title Entwurf eines
B. G. B. jur das deutsche nidi. Erste lesung. Amtliche aus-
gabi (Berlin, Guttentag, 1888), together with a draft of the

CIVIL CODE 59

Introductory Act entitled Entwurj eines einfuhrungsgi • tei s fur
das /;. G. />'- nebst motiven (Guttentag, 1888). A publica-
tion of great value for an understanding of the history of the
code and the legislative intentions of the commission are five
volumes of analyses and preliminary materials for the first
draft which were published officially at the same time, under
the title Motive zu dem entwwrfe dries B.G. B. fur das deutscht
tilth, Amtliche ausgabe, the second edition of which was pub-
lished by Guttentag in 1897. One volume is devoted to each
part of the code. An index to the draft and to the " Motivt n "
was prepared by Dr. Jatzow in 1888. These volumes consti-
tute an important work of reference, in which the local law
on the subjects embodied in the code may be found concisely
and accurately stated. The 1888 draft with the "Motiven"
was distributed throughout the Empire. The object was to
elicit criticism, as is stated in the introduction of the circular
accompanying the draft. The statement of the chancellor of
his readiness to receive and entertain all communications
relating to the subject brought in prolific criticisms. Those
criticisms which made their appearance up to November,
[890, were officially published under the title Zusammen
stellung der gutachilichen dusserungen zu dem entwurfi thus
B. G. B. 1 Berlin, Xorddeutsche Buchdruckcrei, 1X1)0-91,
6 vols.), together with another collection of criticisms 011 the
Introductory Act entitled Zusammenstellung der gutachi-
lichen dusserungen zu dem entwurfi eines einfiihrungsgesetzes
.ii»i B. G. B. The individual governments of the Empire
also complied with a request of the chancellor of June 27,
1889, to submit propositions and critical opinions on the first
draft. They wen- edited in the !<• ichsjustizamt and published
under the title Zusammenstellung der dusserungen dei bundes
regierungen :n dem entwurfe eines B. G. B., gefertigi i»i i<i<lis-
justizamt It would not In- proper to leave this matter of the
critical opinions thus elicited without referring to the criticism

60 GUIDE TO THE LAW OF GERMANY

of Prof. Gierke, a strong believer in the "social" superiority of
German over Roman legal ideas. His criticism, published
under the title Der entwurf eines B. G. B. u. das deutsche recht
(The draft of a civil code and the German law),1 exercised a
greater influence on the second draft and its changes than
that of any other individual. It is the clearest and most
eloquent summary of the various objections brought against
the proposed code, and is a most readable account of its
leading provisions and principles. Prof. Felix Dahn, in an arti-
cle published in the Juridical Review, volume 2 (1890), pages
15-26, in a critical discussion deprecates the prevalence of
the Roman element in the draft at the expense of the German. -
A second commission under the chairmanship of Prof.
Planck was appointed in 1892, which acted on the bases of
the first draft, account being taken of the criticisms that had
been published. They reported out a revised draft under
the title Entwurf virus B. G. B. fur das deutsche reich. Zweite
testing. Nach den beschlussen der redaktions-kommission.
Auf amtliche veranlassung (Berlin, 1895). The protocols
of this commission, which covered over 9,500 folio pages,
were mimeographed, as were those of the first commission,
but were subsequently edited in the Reichsjustizamt and
published in seven volumes under the title Protokolle der
horn-mission fur die II. lesung des cntwurfes des B. G. B.
Im aiijtragc des reichsjiisHzamtes bearbeitct von Dr. Achilles,
Reichsgerichtsrath a D., Dr. Spahn, ft. preuss. kammerqerichts-
rath, Dr. Gebhard, grossh. badischer Geh. Rath (Berlin,
Guttentag, 1897-1899). The draft of this commission was
submitted to the Bundesrat, who submitted it with amend-

1 Gierke, O. Der entwurf eines B. G. B. und das deutsche recht.

Leipzig, Duncker & Humblot, 1889. 592 p.

2 For the literature concerning the criticisms of the draft, see Gierke,

Deutsches privatrecht, I, p. 59. note 27. For the literature concerning
the entire draft see a pamphlet by K. F. Reatz, Die litteratur uber
den entwurf eines B. G. B., Leipzig, Hinrichs, 1895.

CTVIL CODE 6 1

mints, together with an Introductory Act, to the Reichstag
under the title Entwurf ernes B. G.B.und eines zugehorigen
E. G. sou/in eines gesetzes betr. aenderungen des gerichtsver-
fassungsgesetzes, der C. P. <>., der K. 0. und d, >• /•.'. G. zur
C. P. 0. und K. 0. In der fassung der bundesrathsvorlagen.
Auf amtiiche veranlassung. Together with this draft, the
Bundesrat submitted to the Reichstag a memorial entitled
Denkschrift zum entwurf eines B. G. B., with three appendices,
which was published officially in 1896. The debates of
the Bundesrat on the draft of the second commission were
not published. Their conclusions may be gathered from
the differences which appear between the third draft 1//;.
Reichstagsvorlage), which they submitted to the Reichstag,
as compared with the second draft. The report of the
committee of the Reichstag which considered tin- draft,
was published under the title Bericht der reichstagskommis-
sion uber den entwurf rims- B. G. B. und eitu > /:\ G. nt />>/ einer
zusammenstellung der kommissionbi rchlusse. Berichterstatter:
,>id)i<te Dr. Enneccerus, Dr. v. Buchka, Dr. Bachem,
Dr. Schroder (Berlin, 1896). The debates of the Reichstag
on the draft submitted by the Bundesrat wire published in
the regular Drucksachen und ttenographischen berichte des
reichstags, <>. Legislaturperiode, 4. Session 181)5-1896, and
appeared separately in the book trade under the title Erste,
zweile und dritu- berathung des entwurfes < in, s B. G. B. im
reichstag, stenographische berichte (Berlin, 1896). The final
draft was published under the title Entwurf e zum B. G. B. und
einfuhrungsgeseh in der fassung der votn reichstag gemachien
vorlage (Berlin, Guttentag, 1896), and an index published
by Heyinann the same year. A private publication which
is valuable as an abridged edition of the essentials of the
legislative antecedents of the code is that edited by Mug
dan,1 in six volumes, including the index. It reports the

1 Mugdan, B. Die gesammten materialien zum Burgerlichen v;isrt/-
Imi-li fur «I;is Deutsche Reich. Berlin, R. v. Decker, 1899. 6 v.

62 GUIDE TO THE LAW OF GERMANY

"motives/' the draft, the protocols, the parliamentary reports
and discussions, and gives the legislative antecedents of
the various sections of the code. Beginning with the draft
of the first commission, it follows each section through its
legislative career in the form of a table. The code with
its introductory statute was adopted August 18, 1896, and
came into force on January 1, 1900.
Contents The German Civil Code is divided into five books, together

with an Introductory Act which prepares the way lor the
general application of the code provisions.

Book I of the Civil Code deals generally with the law of
persons and is divided into seven sections.

Section 1 deals with persons, including natural persons
and juristic persons. Juristic persons are dealt with under
three headings: associations in general, registered and un-
registered, including corporations, partnerships and unin-
corporated societies; foundations or endowments; and juristic
persons in public law.

The second section deals with the various kinds of things,
consumable and permanent, fixtures and appurtenances,
fruits and usufruct.

The third section deals with juristic acts and includes
capacity, the effect of declarations of intention or expression
of will, contracts, conditions and limitations of time, repre-
sentation and agency in general, including ratification.

The fourth section deals with periods of time and the manner
in which they are to be calculated. Section 5 deals with pre-
scription and statutes of limitation in different kinds of
actions. Section 6 deals with the exercise of rights, self-
defense and self-help; section 7, with security and bail.

Book II deals generally with the law of obligations, and
is divided into seven sections.

civil com: 63

Section 1 deals with the scope of obligations, the requirement
to perform contracts and the effect of a breach, and in general
with the relation between debtor and creditor, including the
rules concerning damages.

Section 2 deals with obligations ex contractu and con-
cerns especially the creation of a contract and its content.
One division is devoted to the effect of a mutual or bilateral
contract, and another to the effect of a promise to perform
in favor of a third party. The second section also deals with
earnest money and the penalties fixed by the contract for a
breach. The last part of the section covers the withdrawal
of parties under the contract.

Section 3 deals with extinction or cancellation of obliga-
tions, or what we would call the performance of contracts.
In this section are discussed such subjects as pledge, at-
tachment, set-off and release.

Section 4 deals with the assignment or transfer of claims;
section 5 with the assumption of debt or novation; section 6
with the plurality of debtors and creditors, such as joint
debtors and creditors and the divisibility and indivisibility of
performance.

Section 7 deals with particular kinds of contracts and is
divided into 25 titles. The first title deals generally with
purchase and sale and exchange. The second title deals with
gifts and their conditions. Title 3 deals with leases, rents,
and the general relations existing between landlord and
tenant. The next few titles in their order deal with certain
bailments, loans for use, loans for consumption, contracts
for service, and for work. Title 8 deals with brokerage; title
9, with tile promise of reward. Titles 10 to [3, inclusive,
deal with the following bailments: Mandate, unauthorized
management of others' affairs, custody of movable things on
deposit, and the liability of innkeepers. Tin- fourteenth title
deals with general partnership relations, although book II

64 GUIDE TO THE LAW OF GERMANY

of the Commercial Code deals with the special rules concerning
commercial partnerships. Title 15 deals with the community
of ownership; title 16 with annuities. Title 17 deals with
gaming contracts. Suretyship is covered in title 18. Title
19 concerns compromise; title 20, the acknowledgment of and
the promise to pay debts. Title 21 deals with orders and
drafts; title 22 with obligations to bearer. Title 23 concerns
discovery and the production of chattels and instruments
on demand. Title 24 deals with unjust enrichment, and
title 25 with certain torts and tort liability.

Rook III deals with the law of things and covers largely the
law of real property. It is divided into nine sections.

Section 1 deals with possession, its acquisition and its loss
and the various kinds of possession.

Section 2 deals with general provisions relating to rights
over land, their acquisition, loss and alteration, together with
certain provisions concerning the operation of the Land
Registry Act.

Section 3 deals with the general subject of ownership and is
divided into five titles. Title 1 deals with the scope of owner-
ship and includes the rights of adjoining owners of land, rights
of way and boundaries. Title 2 deals with the acquisition
and loss of ownership in land and title 3 with the acquisition
and loss of ownership of movables. Title 3 is subdivided into
six heads; the first deals with the transfer of ownership of
movables, the second with usucaption and ownership by pre-
scription, the third with mingling of goods, confusion and
specification, the fourth with the acquisition of products and
other component parts of a thing, the fifth with appropriation,
which includes abandonment of things, especially animals,
and the sixth with finding and the rights of the finder. Title
4 of the third section deals with the rights and duties arising
out of ownership. Title 5 deals with co-ownership.

CIVIL CODE 65

Section 4 deals with heritable building rights (Erbbaurecht).

Section 5 deals wit li servitudes and is divided into three titles.
The first covers the law of real servitudes, the second usufruct,
which is divided into the usufruct of things, the usufruct of
rights and the usufruct of a person's whole property. The
third title deals with limited personal servitudes.

Section 6 deals with the real right of preemption (Vorkaufs-
recht); section 7 with perpetual charges on land; and section
8 with mortgage, land charges and annuity charges.

Section 9 deals with the pledge of movables and pledge of
rights.

Book IV on family law is divided into three broad sections:
First, civil marriage; second, relationship; third, guardianship.

Section 1 is divided into eight titles. The first deals with the
rights and duties growing out of betrothal ; the second with the
consummation of the marriage and with marital rights. The
third deals with voidable and void marriages. The fourth
deals with remarriage in case one of the spouses is declared
legally dead. The fifth deals with the effects of the marriage
relation in general. The sixth deals with matrimonial rights
over property. This sixth title is subdivided into three parts;
the first deals with the statutory regime over the matrimonial
property, and includes, besides general provisions, the rights of
management and use, the liability for debts, and the manage-
ment of separate property. Part 2 deals with the contractual
regime or the property rights resulting out of the marriage
contract. Besides its general provisions it deals with the
general community of goods, the community of income and
profits and the community of movables. Part 3 deals with
the marriage property register. Title 7 of this first section
deals with the dissolution of marriage and divorce; title 8
provides that obligations to the church remain unaffected
by the code.

29774°—" 5

66 GUIDE TO THE LAW OF GERMANY

The second section, dealing with relationship, covers eight
titles. The first deals with general provisions; the second,
with legitimate descent ; the third, with the duty of mainte-
nance of relatives ; the fourth, with the legal status of legitimate
children and the relations of parent and child. Title 5 deals
with the legal status of children born of void marriages; the
sixth with the legal status of illegitimate children. Title 7 is
concerned with the legitimation of illegitimate children and
title 8 with adoption.

The third section deals with guardianship and is divided
into three titles. The first, guardianship over minors, the
second, guardianship over persons of full age, and the third,
curatorship. The first title is the most important of these and
deals with the establishment, conduct, responsibility, super-
vision and termination of guardianship.

Book V deals with the law of inheritance and is divided
into nine sections. The first section deals with the order of
succession of heirs. The second section deals with the legal
status of an heir and is subdivided into four titles. The first
deals with the acceptance and renunciation of the inheritance
and the supervision of the probate court. The second title
deals with the liability of an heir for the obligations and debts
of the estate, and includes among other things, the procedure
for fixing the liability and establishing the amount of the
estate. The third title deals with claims to the inheritance
on the part of the heir. Title 4 deals with the plurality of
heirs and the legal relations between the heirs and the creditors
of the estate.

The third section deals with the written will or testament
and is subdivided into eight titles. These cover the following
subjects : General provisions, appointment of the heir, appoint-
ment of the reversionary heir, bequests and legacies, testa-
mentary charges and burdens, executors, execution and revo-
cation of a will, and joint and mutual wills.

CIVIL CODE 67

The fourth section of Book V deals with the contract of
inheritance; the fifth, with compulsory portion; the sixth, with
unworthiness to inherit, or disqualification to become an heir;
the seventh, with renunciation of the inheritance; the eighth,
with certificate of inheritance; and the ninth, with the pur-
chase of the inheritance.

The Introductory Act is extremely important and is divided Introduc-

r tory Act

into four sections: First, general provisions; second, the rela-
tion of the Civil Code to the laws of the Empire; third, the
relation of the code to the laws of the States; fourth, transitory
provisions. In some matters the existing imperial law has
been retained, as, for example, commercial law (with slight
modifications necessitated by the new Civil Code), the law of
patents, copyright, insurance, and other matters. Rights of
legislation in a number of matters have been left to the States,
the farmer's and the peasant's position in relation to land
having been altered as little as possible. Furthermore, the
rules relating to mines and minerals, the right of eminent
domain, manorial rights, and partition of common lands, and
other matters are left to State legislation. Besides this, a
number of local customs identified with towns and communities
since time immemorial are left unaffected by the code. These
include certain regulations concerning family settlements, feudal
tenures, restrictions as to the subdivision of agricultural and
forest land, the use of streams and water courses, game laws,
certain customs as to leases and certain rules as to domestic
servants.'

In order to harmonize the local law with the new imperial
law, to furnish the transition between the old and the
new law, and at the same time to regulate the matters left
to State legislation, all the States of the Empire enacted
what they called " iusfuhrungsgesetze" to the Civil Code.

1 For the subjects excluded from the code see Gierke ''Deutsches pri-
vatrccht, " I. p. 59.

68 GUIDE TO THE LAW OF GERMANY

The subjects which have been left to the jurisdiction of the

States are in these laws largely recodified and the repealed

matter cleared away. These State laws have been collected

in two large volumes and two supplements by Dr. H. Becher ]

and are published at Munich.

Schuster makes the following pertinent suggestion to the

investigator of German law :

In order to find out the law on any given point, it is not sufficient to
refer to the provisions of the Civil Code and Commercial Code, or of
any other imperial statute that may be applicable to the matter in hand,
but in each case it must be ascertained (i) whether the subject of the
inquiry- is one on which the State law. including the Ausfiihrungsgesetz
of the particular State, contains any supplementary provisions,

(2) whether any imperial customary law affects the particular subject;

(3) whether, in the event of the subject being one which may be affected
by State law, any local customary law relating thereto is in existence.

These circumstances alone make it clear that the Civil Code did not
either in intention or in effect, reduce the whole of German law into
one compact mass.

Sections 7 to 31 of the Introductory Act contain the

important rules on the conflict of laws. They are somewhat

affected by the Hague conferences on private international

law, especially that of June 12, 1902. These articles cover

the questions of capacity, corporations and partnerships,

form, torts, marriage and divorce, succession and general

rules as to the application of local and foreign law. Articles

27 and 28 deal with the question of "renvoi" which has been

so excellently discussed by Prof. Lorenzen in two notable

articles in the Columbia Law Review, March and April, 1910.

An explanatory article on the private international law of

the German Civil Code was published by Prof. Lorenzen in

volume 1 (1908) of the Annual Bulletin of the Comparative

Law Bureau, pages 36-41. An article by Julius Hirschfield

published in the Law Quarterly Review, volume 16 (1900),

1 Becher, Heinrich. Die ausfiihrungsgesetze zum Biirgerlichen gesetz-
buche . . . Miinchen, J. Schweitzer, 1901. 2 v. and Sup-
plements. Supplement two is in 2 parts, 191 1.

CIVIL CODE 69

pages 88-91, presents a summary of sections 7-31 of the
Introductory Act.

In addition, several noteworthy monographs on the private
international law of the Civil Code, discussing these sections,
have been published. One of the most important of these is
by Prof. Xiemeyer ' of Kiel, editor of the Zeitschrijl jur
internationales recht. It is a scholarly treatise and discusses
the subject as connected with and apart from the Civil Code.
An intrusting history of the origin of the private interna-
tional law of the code is presented in the first few pages.
Another important work is that by Dr. Habicht,2 judge and
councillor in the ministry of justice, edited after his death by
Max Greiff. Account is taken of the Hague convention of
June 12, 1902, and there are copious references to authorita-
tive literature. It appears in the form of a commentary,
discussing the rules section by section, as they appear in the
Introductorv Act Aunt her important treatise on the subject
was published by the late Prof. Barazetti,3 of Heidelberg; he
undertakes a critical discussion of that part of the Introductory
act. Prof. Zitelmann ' presents the provisions of articles 7-31
in a very original form. In eight columns he shows the
gradual development of each of these articles from the first
preliminary draft of the first commission, through its fate in
the- second commission and the other drafts, its discussions
in fhe lower house and finally as an adopted law.

1 Nieracycr, Theodor. Das internationale privatrecht des Biirgerlichen

geselzbuchs. Berlin, J. Guttentag, 1901. 222 p.

2 Habicht, Hermann. Internationales privatrecht nach dem Kinfiih-

rungsgesctze zum Biirgerlichen gesctzbuchc. Aus dem nachlasse
hrsg. von. .Max C.rcilT. Berlin, J. (jUttcntag, 1907. 254 p.

3 Bara/ctii, Caesar. Das internationale privatrecht im Biirgerlichen

gesetzbuche fur das Deutsche Reich. Hannover, Helwing, 1897.

"3 P-
'Zitelmann, Ivrust . . . Artikel 7 bis ji des einfiihrungsgesetzes zum
Biirgerlichen gesetzbuci fur das Deutsche Reich. Leipzig, Duncker
& Humblot, 1908. 49 p.

70 GUIDE TO THE LAW OF GERMANY

General Lit- Tjr Ernest J. Schuster, in the Journal of the Society of

erature

Comparative Legislation, volume i (1896-1897), pages 191-
2ii, analyzed the various parts of the code and gave a
descriptive sketch of its important sections. An able article
by Prof. Ernst Freund which was published in the Harvard
Law Review, volume 13 (1900), pages 627-637, gives a
history of the drafting of the code up to its final adoption,
together with a general survey of its system. Two longer
articles by W. W. Smithers, the editor of the Comparative
Law Bulletin, which were published in the American Law
Register, volume 50 (1902), pages 685-717; volume 51 (1903),
pages 14-32, contain an historical account of the political
and legal conditions prevailing in Germany from the Leges
Barbarorum until the present Civil Code, the method of con-
struction of which is described. The second of these articles
is an analysis of the contents of the five books of the code.
In the American Law Review, volume 35 (1901), pages
190—213, Adolph Eichholz published a critical article explain-
ing special points in the code, of interest to American lawyers.
Prof. F. P. Walton of Montreal, in the Juridical Review,
volume 16 (1904), pages 148-168 (reprinted in the Canadian
Law Review, vol. 4, 1904, pp. 372-388), undertakes a critical
survey of certain parts of the code, especially the sections
dealing with marriage and divorce, matrimonial property and
parts of the law of obligations.

The enactment of the Civil Code necessitated as well the
enactment or amendment of other laws, of which the following
are the most important : the Land Registry Act (Reichsgrund-
buchordnung) of March 24, 1897; the law concerning execu-
tions against real property (Gesetz iiber die Zwangsversteigcvung
und Zwangsverwaltang) of March 27, 1897; the law concerning
noncontentious jurisdiction (Reichsgesetz iiber die Angelegen-
heiten der jreiwilligen Gerichisbarkcit) of May 17, 1898, and
certain changes in the Codes of Civil and Criminal Procedure,

CIVIL CODE 71

and in the Judiciary and Bankruptcy Acts, which were pub-
lished in their amended form in 1898.

The new code, in force on January 1, 1900, necessitated
renewed study on the part of the practicing lawyers of the
time. In order to introduce them to the new code, from the
standpoint of the then existing law, several works were pub-
lished treating the subject from the comparative point of view.
The firm of Otto Liebmann in Berlin undertook to facilitate
the transition from the old to the new law in a series entitled
" Vergleichende DarsteUwng" ? Three volumes were published
in the series, one by Buchka,- comparing the common law (the
"received" Roman law) with the new code; one by Dr. Franz
Leske,3 the talented editor of the well-known work Rcchtsver-
jolgnng im international!, n verkehr, comparing the Prussian
Landrechi with the new code; and one by Judge R. Fortsch *
of the imperial supreme court, who compared the Civil Code
of France with the new German Civil Code. A useful book
is that by Dr. Habicht 5 on the influence of the new code upon
preexisting legal conditions. A similar work was published by
Dr. Kuhlenbeck;6 it aims to furnish the transition between the

1 Vergleichende darstellung des Biirgerlichen gesetzbuches fur das
Deutsche Reich und dcr landesrechte. Berlin, O. Liebmann,
1899-1903.

• Buchka, Gerhard. Vergleichende darstellung des Biirgerlichen gesetz-

buches fiir das Deutsche Reich und des gemeinen rechts. 3d ed.
Berlin, O. Liebmann, 1899. 535 p.
3 Leske, Franz. Vergleichende darstellung des Biirgerlichen gesetz-
buches fur das Deutsche Reich und des Preussischen allgemeinen
landrechts. 1st and 2d ed. Berlin. O. Liebmann, 1900-1903. 2 v.

* Fortsch, R. Vergleichende darstellung des Code civil und des Iiur-

gerlichen gesetzbuches fiir das Deutsche Reich. 2d ed. Berlin,

O. Liebmann, 1899. 370 p.
5 Habicht, H. Die ein wirkung des Biirgerlichen gesetzbuches auf zuvor

entstandene rechtsverh&ltnisse. 3d ed. Jena, G. Fischer, 1901.

817 p.
8 Kuhlenbeck, L. Von den pandekten zum Biirgerlichen gesetzbuch.

Berlin, Heymann, 1898. 587 p.

72 GUIDE TO THE LAW OF GERMANY

common law {Pandckten) and the new code. Ernst Barre '
also wrote a book comparing the German and the French
Civil Codes. It was published in both languages. A work
by Paul Posener 2 treating of the relation between imperial
and State law, while not especially valuable, does cover a
very difficult part of the Introductory Act.

The literature of the Civil Code is contained in the bibliog-
raphies mentioned at the beginning of this Guide. Those by
Dr. Maas are of much value, especially a pamphlet presenting
the official literature of the subject.3 The bibliographies
appearing in the Archiv fur biirgerliches recht since volume 16
are important.

The Civil Code itself has received extensive treatment in
the English language. Two translations of the code have been
published and one very important treatise. The treatise of
Dr. Ernest J. Schuster4 on The principles of German civil law
is unquestionably the ablest presentation of German civil law
that has appeared in the English language. Occasional com-
parison with principles of English law and practical illustra-
tions add to the value of this indispensable work. There are
two English translations of the code; one by Chung Hui
Wang,5 published in London in 1907, and the other by Walter
Loewy,6 published by the Boston Book Co. in 1909. Wang's

1 Barre, Ernst. Le code civil allemand et le code civil francais compares

entre eux. 2d ed. tr. by Jacques Hartmann. Berlin, C. Heymann,
1899. 270 p. (published in German in 1897).

2 Posener, Paul. Das deutsche reichsrecht in verhaltnisse zum landes-

recht. Breslau, M. & H. Marcus, 1900. 165 p.

3 Maas, F. Bibliographic der amtlichen materialien zum B. G. B.

Berlin, Guttentag, 1897. 35 p.

4 Schuster, Ernest J. The principles of German civil law. Oxford,

The Clarendon Press, 1907. 684 p.

5 Wang, Chung Hui. The German civil code, translated and anno-

tated. London, Stevens & Sons, 1907. 631 p.

6 Loewv, Walter. The civil code of the German Empire as enacted on

August 18, 1896, with the introductory statute. Translated by
Walter Loewy. Boston, The Boston Book Co., 1909. 689 p.

civil codr 73

edition appears to be slightly the better. These works all
contain historical introductions. Gareis' Science of law (see
footnote, p. 22) must not fail of mention in this connection,
as it presents in systematic outline a brief description of the
principal divisionsof German private law. TheComiiSde Legis-
lation Etrangkre of Paris, whose potential activities have been
greatly increased by the French law of July 21, 1 910, undertook
in 1900 an excellent three volume translation into French of the
German Civil Code.1 The translation, which was made by seven
distinguished professors and advocates, is accompanied by an
exhaustive commentary with critical notes. Its publication
was anticipated by one of the translators, the talented Prof.
Saleilles, of Paris, who in a small monograph entitled "An
introduction to the study of German civil law," - gives an ex-
cellent historical account of the new code and the legal con-
ditions prevailing in Germany. There are other French trans-
lations of less importance.

German editions of the Civil Code vary in size and in manner
of treatment. A handy edition is the one volume work
by Drs. Fischer and Henle,3 the eighth edition of which ap-
peared in 1909. A somewhat larger edition, in three volumes,
very popular among German lawyers, is that by Hugo Neu-
mann,' the fifth edition of which likewise appeared in 1909.
Both of these editions contain short annotations.

Attention has already been called to the distinction made
by Germans between the "kommentar" (commentary), the
"Ichrbuch" (treatise) and the "handbuch." Exhaustive edi-

1 Code civil allemand prumulgue le 18 aoftt 1896, entr6 en vigueur le

iw Janvier 1900 . . . Paris, l'lmprimerie nationale, 1904-1908. 3 V.

2 Saleilles, Raymond. Introduction a I 'etude du droit civil allemand

. . . Paris, F. Pichon, 1904. 124 p.

3 Fischer und Henle. Bfirgerliches gesetzbuch vom 18. august 1896

nebst dem Einfuhrungsgesetze. hrsg, von Dr. Otto Fischer . . . und
Dr. Wilhelm von Henle . . . 8lh ed., Miinchen, C. H. Beck, 1909.
* Neumann, Hugo. Handausgabe des B. G. B. 5th ed., Berlin,
Vahlen, 1909. 3 v.

74 GUIDE TO THE LAW OF GERMANY

tions of the German Civil Code appear in the form of com-
mentaries and treatises. The leading commentary on the
Civil Code is that edited by the late Prof. Planck ' of Gott-
ingen, with the assistance of other authorities. Prof. Planck
was the chairman of the committee on family law in the com-
mission which drew up the first draft of the Code, and the
general chairman of the entire second commission. He was
responsible for many of the technical changes made in the
second draft. Another leading commentary used with
especial favor in South Germany is that edited by Prof. J.
von Staudinger 2 with the assistance of other able lawyers and
professors, the fifth to sixth edition of which has just been
completed (191 1) in six volumes. A commentary on the Civil
Code,3 in two volumes, edited by a committee of supreme
court judges, has just come from the press. It annotates the
code, with especial emphasis on supreme court decisions.

The treatises on German civil law are many in number,
most of them scholarly works of the highest value. One of
the most important is that by Prof. Endemann,4 of Heidel-
berg, the ninth edition of which appeared in 1903-1908. The
entire civil law of the Empire is presented, not merely as a

1 Planck, G. Biirgerliches gesetzbuch nebst Einftihrungsgesetz, Erlau-

tert von Dr. G. Planck, in vcrbindung mit Dr. A. Achilles . . . Dr.
F. Andre . . . M. Greiff . . . F. Ritgen . . . O. Strecker . . .
Dr. E. Strohal ... Dr. K. Unzner ... 3d ed. Berlin, J. Gut-
tentag, 1903-1908. 7 v.

2 Staudinger, J. von. Kommentar zum burgerlichen gesetzbuch und

dern Einfiihrungsgesetze; Hrsg. von Theodor Loewenfeld, Philipp
Mayring, Theodor Engelmann, Erwin Riezler, Karl Kober, Felix
Heizfolderund Joseph Wagner. 5th and 6th ed. Munchen, 1909-1911.
6 v. in 7. On Staudinger 's Kommentar see an article in the Juris-
tisches Literaturblatt, XXIV, January 15, 1912, pp. 3-4.

3 Das biirgerliche gesetzbuch mit besonderer beriicksichtigung der recht-

sprechung des reichsgerichts, erlautert von G. Hoffmann, etc . . .
Nurnberg & Leipzig. U. E. Sebald, 1910. 2 v. Called also Kom-
mentar von Reichsgerichtsraten.

4 Endemann, Friedrich. Lehrbuch des burgerlichen rechts. 9th ed.

Berlin, C. Heymanns verlag, 1903-1908. 2 v. in 3.

civil code 75

Civil Code but in its relation to the laws of the States. Fam-
ily law is the last subject treated, the law of inheritance being
omitted. Ludwig Enneecerus,1 professor at Marburg, with the
cooperation of Profs. Kipp and Wolff, has published one of the
most learned treatises on the subject. The first volume of
the fifth edition was issued in 1909, two volumes having been
published up to the present time. The great demand for this
work has caused the publishers (January, 1912) to bring out
the first volume in a sixth-eighth edition. We may say here
that the Germans publish their larger works in successive
signatures.

Somewhat less valuable than Enneecerus' work is the trea-
tise of Prof. Cosack,2of Bonn, the noted authority on commercial
law. His two volumes, the fifth edition of which has recently
been completed (1 909-1 911), are not quite so thorough as
the treatise of Enneecerus. An exhaustive treatise, both
theoretical and practical, is that of Prof. Crome3 of Bonn, the
fourth and last volume of which appeared in 1908. The
author takes account of State law and the provisions of the
code are explained, although the work is not a commentary.
There is a good historical introduction, as well as a scholarly
treatment of the literary history and the laws supplementary
to the code. A prominent place should be given to the ex-
haustive work of the late Prof. Dernburg,4 of Berlin, who in
six volumes treats of the civil law of the Empire and Prussia.

1 Enneecerus, Ludwig. Lehrbuch des burgerlichen rechts, von dr.

Ludwig Enneecerus ... dr. Thcodor Kipp . . . mid dr. Martin Wolff
. . . 4th and 5th ed. Marburg, N.G. Elwert'scheverlagsbuchhandlung,
1909. v. 1 (6th to 8th ed.), 1912. One thousand copies constitute
one edition in Germany.

2 Cosack, Konrad. Lehrbuch des deutschen burgerlichen rechts, 5th

ed. Jena, Fischer, 1909-1911. 2 v.

3 Crome, Carl. System des deutschen burgerlichen rechts. Tubingen

and Leipzig, J. C. B. Mohr (P. Siebeck), kjoo-iooS. 4 v.
* Dernburg, H. Das burgerlichc rechtdes Deutschen Reichsund Preus-
sens. 3rd ed. Halle, Waisenhaus, 1906-1911. 6 v. in 7.

76 GUIDE TO THE LAW OF GERMANY

Supplements to the work, of which eight have already ap-
peared, cover the private law of the more important States of
the Empire. The sixth volume of the work, which deals with
copyright, patents and trademarks, insurance and procedure,
was begun by Dernburg and finished by Prof. Kohler after the
former's death. The law of bills of exchange is included in
the work. Prof. Kohler' s * own work on civil law merits
attention, as does a popular treatise by P. Simeon.2 The
latter also covers procedure. A work for students, presenting
the existing civil law in simple historical development, includ-
ing commercial and maritime law, is that by Dr. Arthur Engel-
mann,3 superior court judge and professor. Another student's
edition of German law to which attention may be called is
published by Dr. Heilfron,4 and covers legal history and other
branches of law besides the civil law. They are handy
volumes and generally considered reliable. A collection of
lectures on the Civil Code by Prof. Eck,5 of Berlin, enjoys an
excellent reputation. The lectures were published in three
volumes after the author's death, by Prof. Rudolf Leonhard,
of Breslau.

A useful aid in finding a desired section of the Civil Code,
published especially for lawyers trained in the earlier law,
is the Handu'drterbiich of Bernhardt" In alphabetical ar-
rangement, it indexes the terms of the Prussian Allgcmcincs
Landrecht, the Badisches Landrecht, the Saxon Code and the
law of the Rhine Provinces, and indicates the corresponding

1 Kohler, J. Lchrbuch des burgerlichen rechts. v. I— II. Berlin,

Hermann, 1904-1906.

2 Simeon, P. Recht und rechtsgang im Deutschen Reiche. Berlin,

Heymann, 1907-1909. 2 v. New ed., v. 1, 1911.

3 Engelmann, Arthur. Das biirgerliche recht Deutschlands. . . . 5th

ed. Berlin, J. Guttentag, 1909.
* Heilfron, Eduard. Das biirgerliche recht des Deutschen reichs. 3rd

and 4th ed. Berlin, Speyer & Peters, 1907-1909. 6 v.
6 Eck, Ernst. Vortrage tiber das recht des Burgerlichen gesetzbuchs.

1 and 2 ed. Berlin, J. Guttentag, 1903-4. 3 v.
6 Bernhardi, Heinrich. Handworterbuch zum Burgerlichen gesetzbuche.

Berlin, F. Vahlen, 1902. 419 p.

CIVIL CODE 77

sections in the new Civil Code and in other imperial statutes.
A collection of monographs edited by Prof. Leonhard,1
intended to explain special provisions of the new civil law,
began to appear in 1900. Those from Prof. Leonhard's own
pen, particularly those dealing with the subject of mistake
in law, are of value.

The various divisions of the code have been the subject of Divisions of

J the Code

individual treatment in a number of important works, to
which attention should be called. The general part of the
code has had two learned expounders in Prof. Leonhard,2 of
Breslau, and Prof. Andreas Tuhr,3 of Strassburg. The latter
work is a part of the Binding collection; the first of its two
volumes has recently been published (1910).

Two extremely important works on the theory of the
juristic person or body corporate, which display the highest
type of German legal research and reasoning, have been pub-
lished by Prof. Gierke,4 the noted Germanist of the University
of Berlin. While not based on the present code, they are
nevertheless of much value. The modern German theory
of the corporation (Genossenschaftstheorie) originated with
Prof. Beseler. The keen scholarly discussion centering about
the legal distinctions between the universitas and the societas

1 Leonhard, Dr. Rudolf. Studien zur erlaiiterung dcs burgerlichen

rechts. 1900-1910. 32 v. (small 1 See the interesting review by
Prof. Munroe Smith in the Political Science Quarterly, v. 25 (1010),
pp. 167-169.

2 Leonhard, Rudolf. Der allegemeine theil des Burgerlichen gesetz-

buchsin scincm einflusse auf die fortentwickelung der rechtswissen

schaft. Berlin, J. Guttentag, 1900. 537 p.
1 Tuhr, Andreas von. Der allgemeine nil des deutschen burgerlichen

rechts. Leipzig, Duncker & Humblot, 1910. v. 1.
* Gierke, Otto F. Das deutsche genossenschaftsreeht. Berlin, Weid-

mannsche Buchhandlung, 1868-1881. 3 v.
Gierke, Otto F. Die genossenschaftstheorie und die deutsche recht-

sprechung. . . Berlin. Weidmannsche buchhandlung, 1887. 102.jp.

78 GUIDE TO THE LAW OF GERMANY

excited the admiration of so great a scholar as Prof. Mait-
land. On the subject of the theory and of the general
contents of Prof. Gierke's works in this field, Prof. Maitland
has written a learned introduction of 45 pages to his trans-
lation of Gierke's Political theories of the middle age (supra,
Introduction), part of the third volume of the larger work
now under discussion. Prof. Saleilles J of Paris, who has
made many critical studies of the German Civil Code, published
a volume in 1902 on "Juristic persons in the German Civil
Code."
Equitable The equitable trust, a legal institution of the most profound

Trust

importance in the development of English law, cannot be
found under the head of "trust" in the German Civil Code.
Its equivalent in Germany is found in certain provisions of
book 2 and book 3 of the Civil Code, as well as in the statutes
concerning Genossenschaften. It is a most elusive doctrine
to locate in all its parts, but its effects were known to Roman
lawyers and have not failed of recognition in modern German
law. The best treatment of the whole subject, in the nature
of a comparison between the English and German equitable
trust, is to be found in an extended essay by Maitland, which
first appeared in German in Grunhut's Zeitschrijt fur das
privat und offentliche recht, volume 32 (1904-5), pages 1-76,
and has been reprinted in English under the title "Trust
and corporation" in Volume III of the Collected papers of
Frederic William Maitland (supra), at pages 321-404.
Association -phe ruies relating to incorporated associations contained

and Public b r

Meeting in sections 21 to 79 of the German Civil Code are rules of private

law. The restrictions as to the formation of associations and
the control exercised over them on grounds of a public nature
were, prior to the act of April 19, 1908, regulating the right of
association and public meeting, regulated by State law. This

1 Saleilles, R. Les personnes juridiques dans le Code civil allemand.
Paris, Chevalier, 1902. 147 p.

CIVIL CODE 79

act, therefore, may, from the standpoint of public law, be
regarded as supplementary to the above-mentioned sections of
the Civil Code. A brief statement of the provisions of the act
of 1908 may be found in the Journal of the Society of Com-
parative Legislation, March, 191 1 , volume 1 1 , n. s., pages 325-
326. An important work dealing with the old law, particularly
regarding the association as a juristic person, was published
by Dr. Paul Altmann in 1905.1 The best commentaries on the
act of 1908, as affecting the subject, were published by Prof.
Fritz Stier-Somlo ; and Dr. Leo Yossen.3 The former work is
the more scholarly. Both take account of the relevant sections
of the Civil Code and the Industrial Code (Gewerbeordnung).
Yossen's commentary concludes with a dogmatic presentation
of the existing law with frequent comparative references to
foreign legislation. On the question of unincorporated asso-
ciations without legal capacity, Prof. Gierke has written a
small work entitled Vereine ohm- rechtsfdhigkeit.*

Another study of importance by Prof. Saleilles 6 {De la
declaration de volontS) covers the effect of a manifestation or
expression of will as part of a legal act. A scholarly, yet
practical work, by Prof. Danz," of Jena, concerns the inter-
pretation to be given to legal acts and declarations. It is
particularly valuable for its discussions of what Gareis
1 Kocourek's translation) calls "juristic facts." 1'wo works

1 Altmann, Paul. Handbuch des dcutschen vereinsrechtes. Berlin,

H. W. Mflller, 1905. ;ii p.

2 Stier-Somlo. Reichsvereingesetz von 19. 4. 1908. Stuttgart, 1909.

410 p.

3 Yossen, Leo. Kommentar u. system des Sffentlichen u. privaten

reichsvcreinigungsrcchts. Berlin, W. Rothschild, 1909. 332 p.
* Gierke, Otto. Vereine ohne rechtsfahigkeit. 2d ed. Berlin, 1902.
6 Saleilles. R. De la declaration de volenti- (Code civil allemand).

Paris, Pichon, 1901. 423 p.
0 Danz, Erich. Die auslegung der rechtsgeschftfte. 3d ed. Jena,

('.. Fischer, 191 1. 314 p.

80 GUIDE TO THE LAW OF GERMANY

by Prof. Affolter,1 of Heidelberg, dealing with the application
of foreign rules of law, as well as with the general rules of the
first part of the Civil Code, also merit attention at this point.
As historical and critical works they deserve a prominent
place.

Various portions of Book II of the code have been treated
in articles in English and should be noticed. One excellent
article in particular (22 Harvard Law Review, Jan. 1909,
pp. 161-181), by Dr. Walter Neitzel, who spent a year in this
country studying American law for the Leske-Lowenfeld work
(supra, p. 71), deals with "specific performance, injunctions
and damages in the German law." An article by Dr. Ernest
Schuster on the subject of bailees in German law (Law Quar-
terly Review, vol. 2, 1886, pp. 188-212) deserves mention.
The law of bailments is treated historically in the Roman and
Germanic laws and in the modern codes, the Austrian and
Swiss codes being drawn upon for purposes of comparison.
The law of salts, before the code, is treated in a short article
by Moses F. Wilson in the American Law Record, volume 10
(1881), pages 1-6. It is practically a translation from Lehr's
Elements de droit civil germanic (Paris, 1875). A small book
by the leading authority on commercial law, Staub,2 on breach
of contract and damages exercised great influence both in
theory and in practice.

A valuable work, historically, on the law of sales, is that
by the late Prof. Bechmann,3 the last volume of which was
written after the author's death by Prof. Oertmann, of

1 Affolter, Friedrich Xaver. Das intertemporale recht. 1. Bd., 1.

2. Teil. Leipzig, 1902-3, 2 v.
Affolter, F. X. Thatbestand, rechtsverhaltnisse u. rechtsordnung,
grundlagen eines allgeraeinen teiles des privatrechtes. Part I and
cont. Berlin, Puttkammer & Miihlbrecht, 1897.

2 Staub, Hermann. Die positiven vertragsverletzungen u. ihre folgen.

Berlin, 1904.

3 Bechmann, August. Derkauf nach gemeinem recht . . . Erlangen,

A. Deichert, 1876-1908. 3 v. in 4.

LAND REGISTRY ACT 8l

Erlangen. In three large volumes the law of sales in the
"received" Roman law (Gemeines Recht) is the subject of a
most detailed discussion. The Civil Code has, of course, in
many respects revised and amended the common law of sale,
and statutes, such as the law of "purchase by installment"
(hire-purchase system, Gesetz betreffend die Abzahlungsge-
schajti of May 16, 1894, bear on the question.

A critical discussion of the general theory of the law of con-
tracts or obligations, originally based on the first draft of 1888,
is undertaken by Prof. Saleilles,1 of Paris. A work gener-
ally considered of value on the law of obligations is that bv
Prof. Paul Oertmann,2 a learned and industrious contributor
to German legal periodicals. The last edition of his work
appeared in 1910. An historical and critical discussion of the
law of agency in the general part of the code and in the law
of obligations, as well as in the Commercial Code, is undertaken
in a work by Prof. Schlossmann,3 of Kiel. Two works on tin-
subject of the law of landlord and tenant deserve passing
at tuition here, one by Dr. Mittelstein 4 and the other by Dr.
Niendorff.5 The former is the more scientific.

Closely connected with the law of things, covered by Land Regis-
Book III of the Civil Code, in which is included the greater
part of the real property law of Germany, is the Land Registry
Act {Grundbuchordnung) of March 24, 1897. In the course of
a study on foreign land registry systems, C. Fortescue Brick -

1 Saleilles, Raymond. Etude sur la theorie gejierale de ['obligation.

2d ed. Paris, F. Pichon, 1901. 477 p.

2 Oertmann, Paul. Das recht der schuldverhaltnisse. 3d and 4th ed.

Berlin, Carl Heymann. 1010.
■ Schlossmann, Siegmund. Die li lire von der stellvertretung, insbe-

sondere bei obligatorischen vertragen. Leipzig, A. Deichert (G.

Bohme) 1900-1902. 2 v.
4 Mittelstein, M. Die miete nach dem recht des Deutschen Reiches.

2d ed. Berlin, F. Vahlen, 1909. 613 p.
6 Niendorff, Oskar. Mietrecht nach dem Burgcrliclu n gesetzbucb . . .

8th ed. Berlin, C. Duncker, 1907. 405 p.
297740 — 12 6

82 GUIDE TO THE LAW OF GERMANY

dale, assistant registrar of the land registry of England, pub-
lished the result of his investigations in Germany and Austria
in an official report and in a number of legal periodicals. The
report was prepared from an administrative rather than from
a legal standpoint, and was commented on in a number of
books and articles. It was incorporated in the Parliamentary
Papers (1896 [c. 8139], LXXXIV, 85; 1897 [c. 8139],
LXXXVIII, 353). Part of the report appeared in the Ameri-
can Law Review (Volume 31 (1897), pages 827-838, and in
the Law Quarterly Review, volume 4 (1888), pages 63-70).
A useful analysis and critical commentary on Mr. Brickdale's
report was published in pamphlet form by Edmund K. Blyth.1
It discusses Germany's system of compulsory and universal
registry of title and interests in land, with special reference
to its applicability in England. A few pages of Morris' work
on land registration,2 pages 103-107, summarize the system
prevailing in Germany and Prussia and include bibliographic
references. 'A discussion of the report by John Burns appeared
in the Juridical Review, volume 9 (1897), pages 155-160. Dr.
Walter Neitzel explains the operation of the present Land
Registry Act in the Harvard Law Review, volume 21 (1907-08),
pages 485-488.

The most important German work on the subject of land
registration, the first volume of which deals with the law of
things in the Civil Code, is that by Drs. Turnau 3 and Forster,
two supreme court judges. Dr. Oberneck 4 is the author of

1 Blyth, E. K. The German and Austrian systems of land registry and

their application to England. London, Stevens & Sons, 1897. 33 p.

2 Morris, R. B. A summary of the law of land and mortgage registra-

tion in the British Empire and foreign countries. London, Clowes,
1895. 176 p.

3 Turnau und Forster. Das liegenschaftsrecht nach den deutschen

reichsgesetzen und den preussischen ausfuhrungsbestimmungen.
3d ed. Paderborn, F. Schoningh, 1906. 2 v.
* Oberneck, Herm. Das reichsgrundbuchrecht. 4th ed. Berlin, C.
Heymann, 1909. 2 v.

EMINENT DOMAIN 83

a prominent work on the Land Registry Act, the fourtli

edition of which appeared in 1909. Another recent work,

the most voluminous commentary on the subject, dealing

especially with land registration in Prussia, is that by Dr. G.

Giithe (2d ed., 191 1).1 Court decisions in matters of land

registration are published officially by the Department of

Justice - and in some of the court reports mentioned supra.

The history of the Land Registry Act with complete accounts

of the literature on the subject and with all the decisions are

published by Schroeder and Albrecht.3 The seventh volume

of the series appeared in 191 1.

In connection with the law of real property, it may be well Eminent Do-
main
to mention two important works on the law of eminent domain,

especially as it is in force in Prussia. The matter is governed

by the expropriation law (Gesetz iiber die Enteignung von

Grumdeigenthum) of June 11, 1874, as amended. The leading

commentary on the subject, that by Dr. Georg Eger,4 has

recently appeared in a third edition. It is carefully annotated

with the decisions of the Prussian and imperial courts. An

able treatise on eminent domain was published by Dr. Max

Layer 5 as one of a series of monographs under the title Slaats-

und volkerrechtlich abhandlungen. It is partly comparative

in its treatment. F. Seydel is the author of one of the more

prominent works on the subject. 6

1 Giithe, G. Die grundbuchordnung fiir das Deutsche Reich. 2d ed.
Berlin, F. Vahlen, 1911. 2 v.

1 Entscheidungen in angelegenlu id 11 der freiwilligen gerichtsbarkeit
11. des grundbuchreehts. hrsg. im Reichsjustizamt. 11 v., and
index to v. 1-10. Berlin, Puttkammer & Muhlbrecht, 1900-1911.

3 Grundbuch-Entscbeidungen. Die grundbuchfragen der ersten 10

jahredesneuenrechtsin rechtsprechung u. zeitschriftenliteratur, von.
E. Schroeder 11 P. Albrecht. Leipzig, Dieterich, 1900-11. v. 1-7.

4 Eger, Georg. Das gesetz iiber die enteignung von grundeigenthum.

3d ed. Breslau, Kern, 1910-12. 2 v.
'Layer, Max. Principien des enteignungsrecht I >uncker&

Humblot, 1902. (if.ii p.
6 Seydel, F. Das geset/. iiber die enteignung von grundeigentum. 4th

ed. Berlin, Heymann, 1911. 348 p.

84 GUIDE TO THE LAW OF GERMANY

A study on possession in law, which from Savigny's ' cele-
brated tract in 1803 to Jhering's last days, was a favorite
subject for theoretical discussion by German legal scholars,
was published in 1888 by Prof. Strohal,2 the learned jurist of
Leipzig. Most of the English works on jurisprudence have
given attention to the German theories of possession.

Book IV of the German Civil Code, dealing with family law,
has also been the subject of a great many special studies. A
reliable summary of the provisions of German law relating to
marriage and divorce will be found in Renton and Phillimore
The comparative law of marriage and divorce (London, Sweet &
Maxwell, 1910) which constitutes Volume III of Burge's new
edition of the Commentaries on colonial and foreign laws. While
the German law is scattered through the work under the various
subdivisions of the law of marriage and divorce, the whole body
of the law of Germany is indexed under Germany, so that there
is little difficulty in locating a desired provision. Attention is
also given to the rules of the Hague conferences on marriage
and divorce, which to a large extent affect German law. One
chapter of Ringrose's Marriage and divorce laws of the world
(London, N. Y., 191 1) is devoted to Germany. The provisions
of the Civil Code relating to marriage and of the law of Personal
Status and recording of marriages of February 6, 1875, as
amended May 20, 1898, including a summary of the special
provisions of the Federal States relating to the marriage of
foreigners, are printed at pages 92-108 of an official publication
of the British Government, entitled Laws relating to marriage in
force in certain foreign countries, presented to Parliament De-
cember 191 1, (Misc. No. 11 [191 1], Cd. 5995). The question of
divorce has recently been treated in an article by Dr. Schuster,

1 Savigny's von. Treatise on possession, 6th edition; translated from

the German by Sir Erskine Perry. London, S. Sweet, 1848. 432 p.

2 Strohal, E. Der sachbesitz nach dem B. G. B. Jena, Fischer, 1888.

137 P-

REGISTRATION OK PERSONAL STATUS 85

entitled " History and present condition of the German divorce
law " (Journal of the Society of Comparative Legislation, vol.
io, April, 1910, pp. 229-238). A summary of the important
provisions of German divorce law is printed in the Law Times,
vol. 130 (Feb. 11, 1951). pages 364-365.

Prof. Opet of Kiel, cooperating with Prof. Blume, of Konigs-
berg, published an important commentary on family law in
the code.1 The German law of marriage and divorce, as
affected by the Hague conference of June 12, 1902, was treated
in a work by Dr. Karl Sauer 2 published in 1909.

Marriage, and especially its registration and authentication, J"5^^
is still largely governed by the law of personal status {Per so- ''»■>
nenstandsgi setz) of February 6, 1875. This law also includes
provisions concerning the registration of births and deaths and
other requirements of form, jurisdiction over which matters
were by that statute transferred to the civil authorities. The
best work on the subject of this law of 1875, also covering the
provisions of the Civil Code, is that by the late Prof. Hinschius 3
(the celebrated authority on canon law), the fourth edition of
which, edited by W. Boschau, appeared in 1909. Account is
taken of the provisions of the Introductory Act so far as they
relate to the private international law of marriage and divorce.
The Hague conferences are noticed and the Noncontentious
Jurisdiction Act receives attention. The author also reprints
the laws of the different States (Ausfiihrungsgeseize) , carrying
out in detail the general provisions of the imperial law. Two
good commentaries on the Personal Status Law are those by

1 Opet, Otto u W. von. Blume. Das familicnreeht des Biirgerlichen

gesetzbuchs. Berlin, C. Heymann 's verlag, 1904-1906. 2 v.

2 Sauer, Karl. Das dcutschc chcschliessungi- und chescheidungsrecht.

Miinchcn und Berlin, J. Schweitzer (A. Sellier) 1909. 778 p.

3 Boschau. Wilhelm. Das reiclisgcsctz fiber die beurkundung des

pcrsonenstandes und die eheschliessung vom 6. februar 1875. Bc-
griindet von dr. Paul Hinschius. 4th ed. Berlin, J. Guttentag,
1909. 654 p.

86 GUIDE TO THE LAW OF GERMANY

Sartorius ' (Munich, 1902), and Stolzel 2 (Berlin, 1904). This
law of registration of births, marriages, deaths, etc., is of
great importance to the administrative officer in charge of regis-
tration. A work dealing with the law from the point of view
of administration is published by Erichsen and Weisse;3 it has
already appeared in ten editions.

A work dealing with the law of guardianship, especially the
placing of irresponsible persons under guardianship, written
from the standpoint of private international law as it affects
Germany, is that by Dr. Otto Levis.4 German legislation and
procedure, and the Hague convention of July 17, 1905, are
fully discussed. The guardianship of minors is treated in a
work by Schroeder and Mugdan.5

Book V on the law of inheritance and the administration of
decedents' estates, has been the subject of some noteworthy
treatises, the principal one of which is that by Prof. Strohal,6
of Leipzig, in two volumes. Prof. Julius Binder,7 of Erlangen,
has published a study in three volumes on the legal position
of the heir in the German Civil Code. The administration of
estates has been treated in a popular volume by Dr. Gustav
Marker, the8 seventeenth edition of which was edited by

1 Sartorius, C. Kommentar zum Personenstandsgesetz. Miinchen, Beck,

1902. 548 p.

2 Stolzel, O. Das personenstandsgesetz vom 6. II. 1875. Berlin, O.

Haring, 1904. 306 p.

3 Erichsen, A. v., u Otto Weisse: Die fiihrung der standesregister.

Praktische anleitg. f. standesbeamte. 10., vollstandig ncu bearb.
aufl. v. Karl Sauer. Berlin, E. Grosser, 1911. 664 p.

4 Levis, Otto. Das internationale entmiindigungsrecht des Deutschen

Reiches. Leipzig, C. L. Hirschfeld, 1906. 314 p.
6 Schroeder und Mugdan. Das deutsche vormundschaftsrecht. Berlin,
R. v. Decker, 1900. 690 p.

6 Strohal, Emil. Das deutsche erbrecht auf grundlage des Biirgerlichen

gesetzbuchs. 3d ed. Berlin, J. Guttentag, 1903-4. 2 v.

7 Binder, J. Die rechtsstellung der erben nach dem B. G. B. Leipzig,

A. Deichert, 1901-1905. 3 v.

8 Marker, Gustav. Die nachlassbehandlung. 17th ed. bearb. v. P.

Kohne u. R. Feist. Berlin, R. & Decker, 1902. 690 p.

INHERITANCE 87

Kohne and Feist in 1902. It deals especially with Prussian
law. A practical book of reference is that by Dr. G. Eichhorn,1
judge of the court of appeal, the fifth edition of which, edited
by Dr. Ernest Goldmann, of Berlin, was published in 1910.
It was originally written from the standpoint of the Prussian
Landreckt, but the later editions apply to the Civil Code. In
the administration of estates and in a number ot other details
of the law of inheritance, considerable jurisdiction has been
left to the States of the Empire. This volume deals especially
with the supplementary legislation and conditions in Prussia.
It treats the subject from the point of view of the written will,
from its first draft until final probate. There is an appendix
of forms. A work which enjoyed great popularity some years
ago and which is still of considerable value on the subject is
that by Dr. Ferdinand Bohm,2 the founder and first editor of
Niemeyer's Zeitschrift fur Internationales recht. It deals with
the administration of estates in the principal countries of the
world, and gives a detailed account of the laws of Germany
and the Germai. States, with references to the modifying effect
of treaties.

Prior to the act of Tulv ■$, 1906 inheritance-taxes were inheritance

J J J' y Taxes

imposed by each of the separate States of the German Empire.
By the Imperial Financial Act of that date, a general or Federal
inheritance tax law was enacted which, while it superseded
the earlier laws, nevertheless allotted to the separate States a
part of the proceeds and allowed them the privilege of levying
certain additional or supplemental inheritance taxes on their
own account. A concise analysis of the German act of 1906 is
printed in English in a compilation prepared by the Solicitor
of the Department of Commerce and Labor in 1909 under the

1 Eichhorn, G. Dastcstamcnt. Hand- und musterbuchfiir vcrfiigungen
von todes wegen nach dim B. G. B. 5th cd. by Ernest Goldmann.
Berlin, Hranz Yahkn, 1910.

;B6hm, Ferdinand, Handbuch dcr intcrnationalen nachlassbchand-
lung. Augsburg, Gebr. Reichel, 1881-1885. 2 v.

88 GUIDE TO THE LAW OF GERMANY

title of "Inheritance-Tax Laws." l At pages 32-41 there is a
discussion of the form of the tax, the property taxed, exemp-
tions, valuation of property, how the tax is graduated, how
levied, and the distribution of proceeds. A leading work on
the inheritance tax law is the commentary of Ulrich Hoff-
mann - (2d ed., 1911).

We should not omit to mention some important periodicals
which deal largely with German civil law. A very important
publication is the Jahrbuch des deutschen rcchtes,3 edited by Dr.
Hugo Neumann and Dr. Th. Olshausen, with the cooperation
of many other lawyers. In an annual volume, the periodical
literature and decisions of the year are arranged under the
articles of the code or statute which they construe. The pub-
lication began in 1903, and an index covering the first seven
volumes appeared in 1909. An important periodical is the
Archiv fiir burgerlichcs recht* edited by Profs. Kohler and
Oertmann and Dr. Ring. It continued Busch's Archiv des
allgemeincn deutschen handels- und wechselrechts. Its annual
bibliographies by Dr. Maas are valuable. An old established
periodical is known under the popular name of Grtichot's
Beitrage.5 It was founded in 1857 and appears bimonthly. It
is now edited by Rassow, Kuntzel, and Eccius. Another well-
known periodical is that edited by F. Detken and A. Finger,
published in Erlangen under the title Dcr Gerichtssaal* It

1 Digest of the principal features of the laws of Great Britain, France,

and Germany, together with an outline of inheritance taxation in
the United States and a collection of judicial decisions relating
thereto. Washington, Government Printing Office. 1907.

2 Hoffmann, Ulrich. Das erbschaftssteuergesetz fiir das Deutsche Reich

von 3. Juli 1906. 2d ed. Berlin, Guttentag, 1911.

3 Jahrbuch des deutschen rechtes. hrsg. von Dr. Hugo Neumann. "1-8

jahrg. and cont.; 1903-1910. Berlin, F. Vahlen, 1904-1911. 8 v.
Index, vols. 1-7.

4 Archiv. fiir biirgerliches recht . . . Berlin, C. Hermann, 1889-1910.

v. 1-35 and cont.
6 Beitrage ziir erlaiiterung des deutschen rechts . . . 1857-1910.

Hamm, G. Grote, 1857-1910. v. 1-54 and cont.
6 Gerichtssaal, Der. Stuttgart, F. Enke, 1849-1910. v. 1-76 and cont.

LITERARY AND INDUSTRIAL PROPERTY 89

was founded in 1859, and discusses questions on all branches
of law. The Deutsche jitristen-zeitung,1 founded by Profs.
Laband and Staub, and now edited by Prof. Laband and
Judges Ilamm and Heinitz, enjoys a sterling reputation. It
was founded in 1896. The Juristische wochenschrift,2 founded
in 1872, edited by Hugo Neumann, is the organ of the German
Bar Association. It is very popular among practicing lawyers.
Das recht, a periodical edited by J. Soergel in Hannover, is
published fortnightly; the reporting of the most recent
decisions is its principal feature. The Zeitschrijt fur deutst fa s
biirgerliches recht und jranzosisches zivilrechl,3 which was
founded in 1870, originally laid considerable emphasis on
French civil law and still bears this indication in its title. It
contains critical discussions of decisions and excellent articles.
Its present editors are Drs. Heinsheimer, Hiibcr, and Diefen-
bach. A scholarly journal, founded in 1887, is known under
the popular name of "Jhering's Jahrbucher." * Its editors have
always been leading jurists, the present editorial staff con-
sisting of Profs. Strohal and Ehrenberg. The renowned Ru-
dolph von Jhering was its editor in chief until his death in
1892.

LITERARY AND INDUSTRIAL PROPERTY.

A subject usually treated in works on civil law and yet dealt
with in separate statutes, is that body of legal rights known
in Germany under the head "Immaterial Rechte," i. e., rights

1 Deutsche juristcn-zeitung. Berlin, Otto Liebmann, 1896-1910. v.

1-15 and cont.
'Juristische woehenschrift . . . Organ des Deutsclun anwalt-vereins.

Berlin, W. Moeser, 1872-1910. v. 1-39 and cont.
3 Zeitschrift fiir deutsches biirgerliches recht und franzdsisch.es civil-

recht. 1870-1907. Mannheim, J. Bcnsheimer, 1.S70-1907. 38 V.

and ei.ni .
* Jherings jahrbucher fur die dogmatik des burgerliclun rcchts . . .

1857-1910 Jena, 1'. Mauke, (.etc.) 1857-77; G. Fischer, 1878 — v.

1-58 and cont.

90 GUIDE TO THE LAW OF GERMANY

in immaterial things or the incorporeal property rights growing
out of products of the human mind and protected bv copy-
right, patent and trademark.
Copyright Copyright of literary, dramatic and musical compositions
is governed by the act of June 19, 1901 (Reichsgesetz
belrefjend das Urheberrecht an Werken der Literatur und der
Tonkunst), as is also, in a statute passed the same day, the
cognate subject of the relative rights of author and pub-
lisher {Verlagsrecht). An English translation of these two
statutes ' was published in 1902 by Messrs. Longmans,
Green & Co. The acts of June 19, 1901 are briefly analyzed
in Copinger's Law of copyright (London, Stevens & Haynes)
fourth edition, 1904, pages 576-581.

The learned Prof. Kohler has occupied himself largely with
the subject of "immaterial rights" and has published works on
various branches of the general subject. His contribution to
the sixth volume of Dernburg's Biirgerliches recht on the law
of copyright, has already been mentioned {supra, p. 76).
An independent work from his pen was published in 1907.2
Privy Councillor Paul Daude 3 has recently published a book
dealing with the copyright and publisher's law of 1901, which
is especially useful to the practitioner. A general work on
the law of copyright in Germany, dealing also with its inter-
national aspect, is that by Dr. Ernest Muller,4 the second vol-

1 The law of copyright in Germany: being an English translation of

I, The German act of June 19, 1901, relating to copyright in lit-
erary and musical works; II, the German act of June 19, 1901, relat-
ing to right of publication. London, New York, Longmans, Green &
Co., 1902. 39 p.

2 Kohler, J. Urheberrecht an schriftwerken und verlagsrecht. Stutt-

gart, Enke, 1906-7. 515 p.
; Daude, Paul. Die reichsgesetze iiber das urheberrecht an werken

der literatur und der tonkunst und das verlagsrecht vom 19. Juni

1901. Berlin, J. Guttentag, 1910. 293 p.
* Miiller, Ernst. Das deutsche urheber- und verlagsrecht. Miinchen,

J. Schweitzer, 1901-07. 2 v.

COPYRIGHT 91

time of which was published in 1907. Prof. Riezler ' is the
author of a systematic work on the subject ; he includes patent
law in his treatment. The copyright treaties of Germany
are printed in a work by Prof. Ernst R6I hlisberger : of Munich.

The act of January 9, 1907, which repealed the act of 1876,
governs the copyright of a production belonging to one of the
formative arts, including paintings, drawings, sculpture, etc.,
and for the copyright of photographs {Gesetz betreffi nd I 'rheber-
rechl an Werken der bildenden Kunsie it. der Photographic).
Prof. Phillip Allfeld3 of Erlangen, who has made a specialty
of the subject of copyright, published in 1908 a small con-
venient commentary dealing with the law of January 9, 1907,
just mentioned; he reprints the German treaties and the last
Berne convention of November 13, 1908. Prof. Kohler 4
also published a work on the subject in 1908.

The German law of newspapers, so far as relates to their
publication, their rights and responsibility, etc., is the sub-
ject of a four volume work by Albert Ebner 6 entitled Das
deutsche zeitungsrecht, volume 2 of which deals in particular
with the German press law.

The law concerning the protection of industrial property is
found in several statutes, the Patent Act (Patentgcsctz) of
April 7, 1 89 1, the Useful Models Act (Gebrauchsmuster-Gesetz)
of June i, 1891, the Act for the Protection of Trademarks
{Gesetz zum Schutze der Warenbezeichnungen) of May 12, 1894,
and the very important Act for the Prevention of Unfair

1 Riezler, Brwin. Deutsches urheber u. erfinderrecht. Systematische

darstellung. Miinchen, Schweitzer, 1909. 494 p
* Rothlisberger, Ernst. Die sonder-literaturvertrage des Deutschen

Reiches ausgelegt. Bern, A. Francke, 1909. 135 p.
3 Allfeld, Philip. Koimncntar zu dem Geset/e. betreffend <las urhe-

bcrrccht an werken der bildenden kiinsle n. der photographic

vcim 9 Januar iuo;. Munchen, Beck, 1008. 318, 22 p.
'Kohler, J. Kunstwerkrecht. Stuttgart, Enke, 1908. [91 i>.
6 Ebncr, Albert. Das deutsche prcssrecht. Hanover, M. Janecke, 1909.

167 i>.

92 GUIDE TO THE LAW OF GERMANY

Competition (Gesetz zur Bckdmpfung des unlauteren Wett-
bewerbs).
Patents The Patent Act (Patentgesetz) of April 7, 1891, which pro-

tects the rights of inventors, amended the original act of May
25> I^77- English translations and discussions of the act may
be found in various sources. The act is translated in a small
work by Selmar Reitzenbaum,1 which also includes important
German decisions under the Patent Act. In the English edi-
tion of the important series edited by Prof. Kohler 2 and
Maximillian Mintz, The patent laws of all nations, the patent
laws of Germany are systematically presented (Vol. 2, pt. 2).
In a work by Singer 3 on the Patent and trade-mark laws of the
world, pages 166 to 176 are devoted to an analysis of the pro-
visions of the German Patent Act. A recent work by Wallace
Fairweather ' on Foreign and colonial patent law gives in con-
cise form (pp. 178-186) the principal provisions of German
patent legislation. The treaty 5 governing patents, between
the United States and Germany, which was signed on February
23, 1909, and proclaimed, August, 1909, may be obtained as a
separate pamphlet. American inventors desiring a patent in
Germany are governed by the provisions of that treaty, which
is supplementary to German legislation.

1 Reitzenbaum, Selmar. Important decisions regarding the working

of German patents, as well as literal translations of the German
patent law, of the act for the protection of gebrauchsmuster (German
utility model patent), and of the German law for the protection of
trade marks, together with German technical phraseology (in paren-
theses) of German patent rule and practice; by patentanwalt Selmar
Reitzenbaum ... 2d ed. London, Asher & Co., 1909. 48 p.

2 Kohler u. Mintz. Die patentgesetze aller volker (The patent laws of

all nations). Berlin, Decker, 1907.

3 Singer, B. Patent and trade mark laws of the world. Chicago, 1911.

4 Fairweather, Wallace C. Foreign and colonial patent law. London,

Constable, 1910.
6 United States. Convention between the United States and Germany.
Patents . . . Washington, Govt. Print. Off., 1909. 5 p.

USEFUL MODELS 93

The most important German work on patent law is the volu-
minous Handbuch of Prof. Kohler ' published in 1901, an
index to which appeared in 1904. In 1910 the same author
published a compact treatise 3 on the subject, which is philo-
sophical and historical and yet practical. A large commen-
tary, much used by practitioners, is Kent's Kommentar*

The law for the protection of useful models {Gesetz betrefjend
den Sch i<t: von Gebrauchsmuster) of June 1, 1891, is often
1 nated of in connection with the Patent Act. The Useful
Models Act is translated into English in the small work of
Reitzenbaum, supra. The most recent work on the subject,
by Hermann Isay,4 covering both acts (2d ed., 1911), has been
very favorably reviewed. Dr. Arnold Seligsohn,5 an authority
on the subject, has likewise treated both acts in one volume.
The fourth edition of his work was published in 1909. It con-
tains a history of both acts, with an exhaustive commentary.
Prof. Kohler6 has made a small but valuable contribution to
the literature of the law for the protection of useful models in
a work published in 1909. It is a scientific treatise and not a
commentary. A recent work on the subject, by Otto Cantor,7
the largest commentary on the law, has gathered all the deci-

' Kohler, J. Handbuch des dcutschen patentrechts (971 p.) Sach 11.

schlagwoi Iverzeichnis by Rathenan (45 pi Mannheim, Ben-

sheimer, 1901-4.
2 Kohler, Josef. Lchrbueh des patentrechts. Mannheim, Bensheimer,

1908. 264 p.

3 Kent, P. Das Patentgesetz vmn 7 IV. 1891. Kommentar. Berlin,

Hcymann, 1906-7. 2\\

4 Isay, Herm. Patentgesetz u. gesetz, betr. den schutz von gcbrauchsmus-

tern. Systematisch erlautert. 2d ed. Berlin, 1". Yahlen. 1911.

S84 P-

5 Seligsohn, Arnold. Patentgesetz und gesetz, betreffend den schutz

von gebrauchsmustern. 4thed. Berlin, J. Guttentag, 1909. 58op.

'Kohler, J. Musterrecht. Geschmacks- u. gebrauchsmustcrrecht.
Stuttgart, F. Hnke, 1909. 165 p.

7 Cantor, Otto. Gesetz betr. den schutz von gebrauchsmustern. Ber-
lin, F. Siemenroth, 1911. 1365 p.

Useful Models

94 GUIDE TO THE LAW OF GERMANY

sions governing the different sections of the act, together with
such decisions as are relevant to the like provisions of the
Patent Act.

A valuable collection of patent decisions 1 was begun in 1881
under the editorship of Prof. Gareis of Munich. In recent
years the collection has been edited with the cooperation of
Prof. Osterrieth. The sixth volume of the new series (six-
teenth of the whole series) edited by Julius Magnus, was pub-
lished in 191 1. The collection includes the decisions on the
protection of patents, useful models and trademarks.
Trademarks The law for the protection of trademarks (Gesetz zum
Schutze der Warenbezeichnungen) of Ma)' 12, 1894, was trans-
lated into English in the book of Reitzenbaum, supra. The
most important provisions of the act are mentioned at pages
176-180 of Singer's book, supra. There are two leading works
on the subject. One is by Dr. C. Finger,2 judge of the court
of appeal in Calmar, the able expounder of the law of unfair
competition, and the other by Prof. Kohler.3 Both are second
editions, the one by Finger appearing in 1906, and the work
by Kohler in 1910.
unfair Com- fne term "unfair competition" has made its appearance in

petition

American law only within the last fifteen or twenty years. An
article by Oliver R. Mitchell in Volume 10 of the Harvard Law
Review (January, 1897), pages 275-98, discusses the American
cases on the subject. The term includes all the methods
used to appropriate or destroy the good will of another's
business by methods of deception. The Germans have long

'Gareis, Karl. Die patentamtlichen und gerichtlichen entscheidun-

gen in patentsachen, hrsg. von Dr. Karl Gareis . . . Berlin, C.

Heymann, 1881-1906. 15 v. v. 16, edited by Julius Magnus, 1911.
-Finger, C. Das reichsgesetz zum schutz der warenbezeichnungen,

vom. 12 v. 1894. 2d ed. Berlin, F. Yahlen, 1906. 606 p.
3 Kohler, J. Warenzeichenrecht. Zugleich 2 auf. des rechts des

markenschutzes m. beriicksichtigung auslandiseher gesetzge-

bung. Miinchen, Bensheimer, 1910. 272 p.

UNFAIR COMPETITION 95

recognized this serious danger of modern commercialism and
their act of May 27, 1896, for the suppression of unfair com-
petition {Bekampfung des unlauteren Wettbewerbs) contains
stringent enactments against all formsof commercial deception.
This law, together with the Trademark Act of May 12, 1S94,
has the double purpose of preventing imposition upon the
public and protecting private business interests. It prevents
all kinds of improper advertising and false assertions with
respect to one's own goods. Germany was the first country to
legislate against this source of public injury and unfortunately
has as yet been followed by very few countries. In England
and America we treat the direct attacks on a competitor's
goods or credit as libel or slander of title. In Germany this law
of Unfair Competition deals fully with the matter. The act
of Mav 27, 1896, as amended June 7, 1909, deals with (a)
false assertions as to one's own goods, (b) false weights, meas-
ures and quantities of goods, (c) slander of credit of a person
or his goods, (d) privileged communications, (e) trade names,
(/) business or trade secrets, (g) procedure. J. F. Iselin in
the Law Quarterly Review, volume 13 (1S97), pages 156-164,
published a useful analysis of the act of May 27, 1896. The
amending act of 1909, which is very important, is briefly de-
scribed in the March, 1 91 1 , number (pp. 327-28) of the Journal
of the Society of Comparative Legislation.

The leading work on the subject is that by Christian Finger '
referred to above, the fourth edition of which appeared in
191 1. Another work, more voluminous, but somewhat less
useful, is that by Judge Adolf Lobe.2 It is to be in four
volumes, the second of which lias not yet been published.
It has the disadvantage of not taking into account the pro-

1 Finger, Ch. Reichsgesetz gegen den unlauteren wettbewerb von 7
Juni 1 yog. 4th ed. Berlin, Vahlen, 1911.

-' U>be, Adolf. Die bekampfung des unlauteren wettbewerbs. Leip-
zig, VVeich, 1907. 4 v. of which v. 2 not yet published 1

96 GUIDE TO THE LAW OF GERMANY

visions of the new law of June 7, 1909. Two recent smaller
commentaries on the subject will be found useful — the one by
Ludwig Fuld,1 the other by Dr. Weiss.2 The British Blue
Book, Cd. 5531, contains the foreign laws in force to prevent
the sale or importation of goods bearing a false indication
of origin. The food inspection laws for the protection of the
public against impurities, are the subject of a work by Lebbin 3
and Baum, a chemist and lawyer respectively, of Berlin. The
food laws and legislation of Germany are collected in a
volume recently published (1912) by K. v. Buchka.4 The
Imperial German Meat Inspection Law of June 3, 1900, was
translated into English in a small pamphlet in 1904.5

General works on the protection of industrial property
were published by Prof. Osterrieth G and Prof. Allfeld.7
Osterrieth's Lehrbuch is a standard work. Allfeld's is simply
an outline presenting the law of patents, useful models,
trademarks and unfair competition, without annotations. A
collection of articles by German lawyers on this subject was
published in 1909 as a " Festgabe" or "jubilee volume," on

1 Fuld, Ludwig. Kommentar zum reichsgesetz gegen den unlauteren

wettbewerb von 7 Juni 1909. 3d ed. Hannover, Helwing, 1909.

653 P-

2 Weiss, Chr. Gesetz gegen den unlauteren wettbewerb von 7 Juni

1909. 2d ed. Miinchen, Schweitzer, 1910. 404 p.

3 Lebbin, G. and Baum, G. Deutsches nahrungsmittelrecht. Berlin,

1907. 2 v.

4 Buchka, K. v. Die Nahrungsmittelgesetzgebung im Deutschen Reiche.

Eine sammlg. der gesetze u. wichtigsten verordngn., betr. den
verkehr m. nahrungsmitteln, genussmitteln u. gebrauchsgegenstan-
den, nebst den amtl. anweisgn. zu ihrer chem. untersuchg. 2. aufl.
Berlin, J. Springer, 1912. 294 p.
6 The imperial German meat inspection law. An act concerning the
inspection of slaughtered cattle and of meat, June 3, 1900. m. p.
1904).

6 Osterrieth, A. Lehrbuch des gewerblichen rechtsschutzes. Leip-

zig, Deichert, 1908. 544 p.

7 Allfeld, Philipp. Grundriss des gewerblichen rechtsschutzes.

Leipzig, G. A. Glochnor, 1910. 220 p.

COMMERCIAL CODE 97

the occasion of Prof. Kohler's sixtieth birthday. The col-
lection bears the title Studien zur jorderung des gewerblichen
rechtsschutzes.1

Several periodicals on industrial property are important
enough to warrant mention. The Zeitschrijl fur indus-
irierecht,1 published at Berlin, is now in its sixth year. The
periodica] Zeitschrijl fur gewerblichen rechtsschutz? edited by
P. Schmidt, is continued by the Gewerblicher rechtsschutz uml
urheberrecht published at Berlin, now in its sixteenth year.
An annual volume published at Berlin by the International
Association for the Protection of Industrial Property is
important.''

COMMERCIAL LAW

COMMERCIAL CODE.

The necessity for uniformity in the field of commercial law History
became apparent when Germany was still in the throes of polit-
ical discord. The Bills of Kxchange Act of 1849 and the
Commercial Code of 1861 were the first important products
of codification in modern Germany. In 1866 this code was
adopted in all the German States and later became the law of
the Empire. When the Civil Code was enacted in 1896 many
rules which had previously been applicable to commercial
transactions were embodied in the Civil Code, and it became
accessary to recast the Commercial Code. Numerous statutes,

1 Studien zur fordertmg des gewerblichen rechtsschutzes. Josef

Kohler als Pestgabe zum <>o. geluirtstage zugecignet von deutschen

praktikem. Berlin, Hey maim, iqoq. 507 p.
-' Zeitschrift fur industrierecht, Hrg. v. H. Tolksdorf, Dr. Julius Eph-

raim, u Dr. Paul Alexander- Katz. Berlin, Issleib, 1906 and cont.
:l Zeitschrift fur gewerblichen rechtsschutz. Hrsg. v. P. Schmidt

Munchen, Oldenburg, 1802 95, Continued under title Gewerb

licher rechtsschutz uml urheberrecht. Hrsg. v. A. Osterrieth.

Berlin, Heymann, [896 and cont
* Jahrbuch der mternationalen vereinigung fur gewerblichen rechts-

schut/. Berlin, Heymann, 1897 and cont.

29; -7

98 GUIDE TO THE LAW OF GERMANY

such as the Stock Corporation Act of 1884, had, moreover,
modified important provisions of the 1861 code. The Com-
mercial Code now in force was enacted May 10, 1897, and went
into effect January 1, 1900. Dr. Emil Kaufmann * explains
the differences between the old and the new codes in a book
published in 1900. The German Commercial Code (together
with a number of statutes dealing with specific matters) sup-
plements the Civil Code and in some respects modifies its pro-
visions in so far as they apply to certain classes of transactions.

The Commercial Code contains the rules relating to mer-
cantile traders, mercantile associations and commercial trans-
actions only in so far as they differ from the general rules. It
is therefore necessary in every case to ascertain the general
rule as well as that laid down in the Commercial Code. Thus,
as Dr. Schuster points out, the law relating to mercantile
unlimited partnerships, in so far as it does not differ from the
general partnership law, has to be looked for in sections
705-740 of the Civil Code and the law relating to mercantile
sale of goods, in so far as it does not differ from the general law,
has to be looked for in sections 433-458 of the Civil Code.
Again, the provisions in the Commercial Code relating to
the form of agreements, suretyship, interest, title to goods,
instruments to bearer, pledge and lien, etc. are only supple-
mental to the various rules on these subjects contained in the
Civil Code.

The Commercial Code is divided into four books. Book I
is entitled: Commerce in general; Book II, Trading com-
panies and dormant partnerships; Book III, Commercial
transactions; and Book IV, Maritime commerce.

Book I is divided into eight sections, which deal with the
following subjects: mercantile traders, the mercantile register,

1 Kaufmann, Emil. Die wesentlichen unterschiede des alten und neuen
handelsgesetzbuehs . . . Berlin, W. Moeser, 1900. 204 p.

COMMERCIAL CODE 99

firm names, mercantile books of account, power of procura-
tion and agency, mercantile clerks and apprentices, agents
and brokers.

Book II is divided into five sections. The first deals with
unlimited partnership. In this section are discussed the for-
mation of the partnership, the mutual rights and liabilities of
the partners, the legal position of the partners in relation to
third parties, the dissolution of the partnership and the retire-
ment of partners, liquidation and the balancing of accounts
on dissolution, and prescription.

Section 2 is concerned with the limited partnership or com-
mandite association.

Section 3 deals with the stock company and includes among
other matters the legal relationship of the company and its
shareholders, its internal organization and management, its
dissolution, and penal provisions.

Section 4 deals with the commandite stock company; and
section 5 with the dormant partnership.

Book III, which deals with commercial transactions, is
divided into seven sections. The first contains general pro-
visions; the second covers mercantile purchase and sale; the
third, commission business and agency; the fourth, forward-
ing agency; the fifth, warehousing; the sixth, the business of
carriers by land; and tin- seventh, the carriage of goods and
persons by rail.

Maritime commerce is dealt with in Book IV of the Com-
mercial Code (infra).

The literature on commercial law is presented by title only, c*nei*i ut-

, r.iture

but very exhaustively, by Prof. Karl I.ehmann of Rostock in
tlte introduction to his work on the commercial law of Germany
in the great series Handelsgeseize des erdballs, the whole of
which is soon to appear in an English edition. Alfred F.
Schuster, .1 son of |)i Ernesl J Schuster, lias recently trans-

IOO GUIDE TO THE LAW OF GERMANY

lated the Commercial Code into English.1 From all points of
view, faithfulness of translation, style, annotations and refer-
ences to related codes and statutes, it is a much superior work
to Piatt's English translation of the Commercial Code,2 pub-
lished in 1900. Dr. E. Schuster has written an introduction
to his son's book. A useful reference work dealing with the
entire commercial legislation of Germany is the one edited by
the late Prof. Emil Friedberg,3 of Leipzig, the ninth edition of
which was published in 1908. In the form of a text with
notes it covers the code, all commercial law contained in the
procedural codes, the Penal Code, the Bankruptcy Act, and
the Industrial Code, all financial laws concerning banking and
taxation of various kinds, the law of patents, copyright, bills
of exchange, and checques, and in fact the law covering
practically every subject which in the remotest way partakes
of the nature of a commercial transaction, together with the
laws of the States of the Empire carrying out and into effect
such sections and portions of commercial law as were left within
their jurisdiction. A good translation into French of the com-
mercial legislation of Germany was edited by Paul Carpentier,4
published in 1901. There are translated in it the Commercial
Code, the Bills of Exchange Act as promulgated by the North
German Federation on June 5, 1869 (the new Bills of Exchange
Act of June 3, 1908, is, of course, not included), and the
Bankruptcy Act of February 12, 1877, as amended May 17,
1898, together with minor laws of a commercial character.

1 Germany. The German Commercial code, tr. and briefly annotated

by A. F. Schuster, with an introduction by E. J. Schuster . . .
London, Stevens & Sons, 1911. 280 p.

2 Germany. The commercial code for the German Empire. Tr. from

the official text by Bernard A. Piatt . . . London, Chapman &
Hall, 1900. 370 p.

3 Friedberg, Emil. Die handelsgesetzgebung des Deutsehen Reiches.

othed. Leipzig, Veit & Comp., 1908. 1134P.

4 Carpentier, Paul. Legislation commerciale de l'Allemange. Code de

commerce mis en vigueur en iqoo; loi sur le change; loi sur la
faillite; texte, annotations, jurisprudence, droit compare . . . Paris,
A. Chevalier-Marescq, 1901. 579 p.

COMMERCIAL LAW ioi

There are a great many texts and small annotated editions of
the code. That in the Gultentag'sche Sammlung is as good
as any.

There are a number of important commentaries on the Com-
mercial Code, the best known of which is that by Staub,1
known all over the Empire as Staub' s Kommeniar; the ninth
edition, edited by Konige, Pinner, and Bondi, will be com
pleted before the end of 1912. Hook IV. on maritime law,
is omitted. Another commentary in high repute among
German lawyers is that by Duringer and Hachenburg : which
likewise omits maritime law. It does, however, take full
account of such commercial transactions as have been partly
dealt with in the Civil Code; for example, sale, work and
delivery, etc. A second edition began to appear in 1908 and
is expected to be completed in 1912. Makower 3 is the author
of another extensive commentary in three volumes, the thir-
teenth edition of which began publication in 1908.

Several learned treatises on commercial law have made their
appearance, the most celebrated of which, although not
the most practical at the present time, is that by Prof. L.
Goldschmidt, founder of tin well-known periodical, Zeitschrijt
fur </d* gesammte handelsrecht. His Handbuch dei handels-
rechls * (pt. i, .^d ed., 1891 ; pt. 2, 2d ed., 1883) treats of the
history of commercial law, its basic principles and the subject
matter of commerce and money. Barring Huvelin's French

1 Staub, Hermann. Staub '3 Kommentar 711m handelsgesetzguch. (>tli
ed., bcarb. unter benutzung des handschriftlichen nachlasses von
Heinrich Konige . . . F. Bondi . . . Albert Pinner . . . Berlin,
J. Guttentag, 1912. Complete in 2 v.
Duringer, A. Das Handelsgesetzbuch vom to. mai 1897 (mit ausschluss
des seerechts), erlautert von Dr. A. Duringer . . . . u Dr. M.
Hacbenburg . . . 2d edition. Mannheim, |. Bensheimer, 1908 1912

3 v-
* Makower, H. Handelsgesetzbuch mil kommentar, hrsg. von II

Makower . . . nnd F. Makower i ;th ed. Berlin. | Gutti

1908. 3 V. in 4.
1 Goldschmidt, L. Handbuch des handelsrechts, Pt. I, 3d ed. Stutt-
gart, Enke. 180 1 : Pt. II. 2ded. 1883.

102 GUIDE TO THE LAW OF GERMANY

treatise, it is probably the leading work on the history of com-
mercial law (Universalgeschichic des Handelsreckts). Gold-
schmidt's System des handelsreckts,1 the fourth edition of
which appeared in 1892, is also important, although based on
the old code. The best treatise on modern commercial law is
generally considered to be that of Prof. Konrad Cosack - of
Bonn University. The seventh edition was issued in 1909-10.
A French translation of this work (from the sixth edition) was
undertaken by the enterprising firm of Giard & Briere,3 to
whom the French nation is indebted for translations of many
excellent treatises. The translation appears in three volumes.
Prof. Karl Lehmann,4 of Rostock, is the author of a brilliant
treatise on commercial law (2d ed., 191 1). It was founded
originally on lectures and is written from an historical and
economic standpoint; it is constructive in character. Mari-
time law, the law of bills of exchange, and other forms of
negotiable paper, and the law of private insurance, are in-
cluded. A somewhat earlier treatise, of scholarly value, is
that by Behrend,5 the second edition of which appeared in
two volumes in 1896. A short textbook on commercial law,
including bills of exchange and maritime law, by Prof. Karl
Gareis," was published in its eighth edition in 1909.

1 Goldschmidt, L. System des handelsrechts. 4th ed. Stuttgart, Enke,

189- . 293 p.

2 Cosaek, Konrad. Lehrbuch des handelsrechts . . . 7th ed. Stutt-

gart, F. Enke, 1909-10. 780 p.

3 Cosack, K. Traite dc droit commercial, tr. sur la 0. ed. allemande

(1003) Par Leon Mis. . . . Preface de M. Ed. Thaller. Paris,
V. Giard & E. Briere, 1904-11107. 3 v.

4 Lehmann, Karl. Lehrbuch des handelsrechts _il edition. Leipzig,

Veit & Comp., 1911. ii22p.
6 Behrend, J. Fr. Lehrbuch des handelsrechts. 2d ed. Berlin, Gut-

tentag, 1896. 2 v.
0 Gareis, Karl. Das deutsche handelsrecht. 8th ed. Berlin. J. Gutten-

tag, 1909. 724 p.

STOCK CORPORATIONS 103

The leading periodical on commercial law is the Zeiischrift
fur das gesammte handelsreckt1, founded in 1858 by the eminent
authority, Prof. L. Goldschmidt and now edited by Prof. Karl
Lehmann and others. The Leipziger zeitschrift fur handels-,
konkurs-, u versicherungswesen,2 founded in 1907, and edited
by A. Diiringer and H. Konige, judges of the supreme court at
Leipzig, and Prof. L. Jaeger, of the University of Leipzig, is
popular with the members of the bar in Germany.

The various kinds of corporations and associations of -s,ock CorP°-

r .it ions

natural persons for business purposes are dealt with in Book II
of the Commercial Code and in some related statutes. The
most common form of corporation is that of the stock corn-
pan v, the law governing which had undergone several amend-
ments previous to its incorporation in the new code of 1897.
Fairlv good commentaries on the law of stock corporations
are those of Albert Pinner3 and Robert Esser,4 both published
in 1899. The best commentaries, however, are contained in
the general works of Staub and Diiringer (supra, p. 101). Dr.
Riesser,5 of Berlin, published a monograph in 1899 which is a
practical and critical discussion of the effect of the new legis-
lation of 1897 and (898, especially the Commercial Code, on
tin existing law governing stock corporations. The organiza-
tion and incorporation of stock companies was the subject of .1
work by Dr. Silbernagel,8 published in 1907. It treats Ger-

1 Zeitschrift fur das gesammte handelsrecht. Stuttgart, F. Knkc. 1858

ami *
Leipziger zeitschrift fur handels konkurs- u versicherungswesen

Hrsg. von A. Diiringer, Prof. E. Jaeger 11 H. Konige. Mum bi 11

Schweitzer. 1007 and cont.
1 Pinner. Albert. Das deutsche aktienrecht. Berlin, H. \V Muller.

1899. 382 p.
4 Esser, Robert. Die aktiengesellschaft, dargestelll und erlautert. 2d

ed. Berlin, J. Springer, 1899. 279 p.
s Riesser, Die m uerungen im deutschen aktienrecht Berlin, 0. I.ieb-

111. mn. [899. -' 1 ; ]i
Silbernagel. Die griindung der akticngesellschaft. Berlin, Puttkam-
mer & Muhlbrecht, 1907. 513 p.

104 GUIDE TO THE LAW OF GERMANY

man, Swiss, French, and English law comparatively. The
best work on the general subject is the treatise by Prof. Karl
Lehmann ' on the general law of stock corporations, which
appeared in two volumes in 1 898-1 904. It is an historical,
comparative and constructive study of the law of stock cor-
porations in its theoretical and practical aspects. A practical
work on the subject was published by Dr. Alexander-Katz.2
It treats especially of the new code and the legislation relating
to it.
commandite Another important form of business corporation dealt with

Company

by the Commercial Code is the "commandite" company
{Kommanditgesellschaft). This is a form of association
neither a partnership nor an ordinary stock corporation, in
which some of the members or stockholders are liable to
creditors to the amount of their shares only, and the others,
the partners, are liable in solido as are members of an ordinary
partnership. This form of association was provided for
originally in an act of July 18, 1884, which has been but little
changed by the code. Dr. Victor Ring,3 judge of the superior
court in Berlin, published a commentary on the law of 1884
(2d ed., 1893). Corporation law from the point of view
of the treasury balance, in its relation to the stockholders and
creditors on the one hand and to the State in its taxing,
financial and administrative aspects on the other, constitutes
the subject of a very able treatment of all kinds of corpora-

1 Lehmann, Karl. Das recht der aktiengesellschaften. Berlin, C.

Hermann's verlag, 1898-1904. 2 v.

2 Alexander-Katz. Hugo. Die aktiengesellschaft unter dem neuen

aktiengesetz. 5 und 6. tausend. Berlin, H. S. Hermann. 1899.
241 p.

3 Ring, Viktor. Das reichsgesetz betreffend die kommanditgcsell-

schaften auf aktien und die aktiengesellschaften. 2ded. Berlin,
C. Heymann, 1893. 756 p.

LIMITED LIABILITY PARTNERSHIP I<>5

tions by Dr. Hermann Rehm,1 Professor at Strassburg. The

work was published in Munich in [903.

The limited liability partnership {G tellschaft mii beschrdnk- u«nit»«»-
ter Haftung) was provided for originally in the act of April ship
20, 1892, reenacted with amendments in 1898. The statute
is translated in Appendix B (pp. 235-265) of A. P. Schuster's
recent translation of the Commercial Code {supra). A
detailed discussion of the provisions of that statute is under
taken by Julius Hirsch field in the Law Quarterly Review, volume
9 (January , 1 s<>;, | . pages 62-69. The law gives a small number
of partners the privilege, under certain restrictions, of acting
as a corporation with limited liability. The leading com-
mentary on the subject is that by the late Dr. Staub,2 the
third edition of which, edited by Dr. Hachenburg, was pub-
lished in 1909. Besides an exhaustive commentary, an
appendix contains thestat utes of the States of Germany on the
taxation of these limited liability partnerships. A useful
work on the subject is edited by Parisius and Criiger : (5th ed.,
1911).

The present law concerning cooperative societies (Erwerb «rative

uml Wirtsckaftsgenossenschaften) was enacted May 1, 1889,
and was amended bj ids of 1896 and 189S. It covers the
questions of loans to members, the cooperative purchase or
sale of raw materials and manufactured goods, and other
joint enterprises. The members have only limited liability.

1 Rehm, Hermann. Die bilanzen der aktiengesellschaften and

gcsellschaiten m. 1>. h., kommanditgesellschafti n ,mf aktien, einge-
tragenen genossenschaften, versicherungsvereine auf gegenseitig-
keit, li \ 1 11 it heken- und notenbanken und handels- gesellschaftes
iiberhaupt. Miinehen, J. Schweitzer verlag (A. Sellier), 190.5. 938 p.

2 Staub, Hermann. Staub's Kommentar zum gesetz, betreffend die

gesellschaften mil beschrankter haftung. : ed, bearb. von dr
Max Hachenburg. Berlin, I Guttentag, icjchj. 7;.' p.
1 Parisius. I., ami Criiger, H. Das reichsgesetz betreffend die gesell
schaftenmit bescbiftnkter haftung. 5th ed.by Criiger. Berlin, Gut-
tentag, 1911. 503 p.

Io6 GUIDE TO THE LAW OF GERMANY

The leading work on the subject is the commentary by
Parisius ' and Criiger (7th ed., 191 1). Certain decrees regulat-
ing the operations and administration of these societies were
promulgated by the Empire and by the various States and are
included in the second and third parts of the book. It pre-
sents the history of the sections of the act, analyzed and anno-
tated. Another commentary on the same law, taking particu-
lar account of the legislation of 1898, with models of forms
and corporate by-laws, is that by Dr. Richter,2 the third
edition of which was published in 1900.

RAILROAD LAW

The business of carriers and the conveyance of goods and
persons by rail is largely regulated by sections 425-473 of
the Commercial Code. An important commentary on the
German law concerning the carriage of goods was published
by Dr. Georg Eger,3 a leading authority on railroad law. It
is based on the old commercial code, but is still most useful.
Germany is a member of the international railroad union.
The international agreement of October 14, 1890, as amended
June 16, 1S98, with the Berne amendments of July 4-18,
1905 and September 19, 1906, is the subject of another prom-
inent work by Dr. Eger.'

An important special statute regulating the business of
railroads was enacted on December 23, 1908, in force April
2i, 1909, concerning especially the liability of railroads for

1 Parisius, Ludolf. Das reichsgesetz, betreffend die erwerbs- und
wirtschaftsgenossenschaf ten . 7th ed. bearb. von dr. Hans Criiger.
Berlin, J. Guttentag, 1911. 712 p.

'' Richter, Otto. Das reichsgesetz betreffend die erwerbs- und wirt-
schafts-genossenschaften. 3ded. Leipzig, G. Weigel, 1900. 644 p.

3 Eger, Georg. Deutsches frachtrecht mit besonderer beriicksichtigung

des eisenbahnfrachtrechts. 2d ed. Berlin, Heymann, 1887-1892.
3 v. and supplement.

4 Eger, Georg. Das internationale ubereinkommen iiber den eisen-

bahnfrachtverkehr. 3d ed. Berlin, Guttentag, 1909. 536 p.

AUTOMOBILES 107

negligence resulting in loss or damage to goods. This statute
replaces previously existing regulations. The leading work on
the subject is thai by Dr. Georg Eger ' (3d ed., 1910). An-
other work on the liability of railroads for damage to goods,
written especially from the point of view of the new act of

1908, was published by Dr. Ernst Rundnagel,2 privy councillor.
Hi- discusses the subject, keeping in mind its relation t<> the
relevant sections of the Commercial Code and to the interna-
tional railroad agreement of October 14, 1890. Dr. Richard
Seuckpiehl 3 is the author of another work on the law of rail-
road transportation, Eiseribahntransportgeschajt. It consti-
tutes the fifth volume of his larger work Verkekrsreckt. Dr.
Eger edits an important collection of decisions on railroad law,
under the title Eisenbahnrechttiche entscheidungen,4 which first
began to appear in 1879. After volume 7, short articles and
bibliographic notes on railroad law are also included in the
publication.

Closely connected with the law of carriers is the law con- Automobiles
cerning traffic with motor vehicles, the so-called "automobile
[Gt setz iiber <A u Verkehr mil Kraftfahrzeugen) of May ;,,

1909, as supplemented by the decree of the Federal Council of
February .;. 1910. Dr. Georg Eger,'' the authority on the law
of carriers, also wrote an exhaustive commentary on this
automobile law. A useful commentary on the subject is .
edited by two attorneys of Frankfurt, Neukirch and Rosen

•rg. Die cisenbahnvcrkehrsordnung vom 2,5 Dcz. 1008. 1

cd. Berlin. J. Guttentag, mio. 628 p.
'Rundnagel, Krnst. Die haftung der eisenbahn fur verlust, bescha

'lining und lieferfristuberschreitung nach dcutschem eisenbahu

frachtrecht. 2d cd. Leipzig, Dieterich, 1909. 314 p.
1 Senckpiehl, Rich. Das eisenbahntransportgeschaft nach deutschem

recht. Berlin, G. Everth, 1909. 493 p.
* Bisenbabnrechtliche entscheidungen und abhandlungen. v. 1

[Oil. Berlin. C. Hi \ 111. 11111. Breslau, J. V. Kern.
' Kger, G. Das reichsgesetz iiber den verkehr mit kraftfahrzeugen,

Stuttgart, Deutsche Verlagsanstalt. iyi 1. (154 p.

108 GUIDE TO THE LAW OF GERMANY

merer.1 In its arrangement, it follows Staub's commentary
on the Commercial Code. The decisions on the Accident
Liability Act of 1871 are noted and differences between the
old and new legal conditions pointed out. Besides the auto-
mobile law, all related laws are annotated and the interna-
tional rules in matters of tax and license dues, etc., are
included.

MARITIME LAW

The greater part of the maritime law of Germany is con-
tained in Book IV of the Commercial Code. This portion of the
code is divided into eleven sections: The first deals with gen-
eral provisions; the second, with the ownership and coowner-
ship of vessels; the third, with the master of the vessel; the
fourth, chartering; the fifth, the transportation of passengers;
the sixth, bottomry; and the seventh, with average, which
includes general and particular average. Section 8 deals with
salvage and distress at sea; section 9, with the ships' cred-
itors.

Section 10, one of the most important parts of Book IV,
deals with marine insurance. It is subdivided into seven
titles, of which the first deals with general provisions; the
second, with the declarations of the assured at the time of
drawing the contract; the third, with the obligations of the
assured arising out of the contract; the fourth, with the ex-
tent of the risk; the fifth, with the extent of damage; tin-
sixth, with the payment of compensation; and the seventh,
with the cancelling of the insurance and the return of the
premium.

Section 1 1 of Book IV deals with prescription.

A translation of Book IV of the Commercial Code, taking
the old code of 1861, however, as its basis, is printed as an

'Neukirch. A & Roscnmeyer, A. Kommentar zum Gesetz iiber den
verkehr mit kraftfahrzeugen. Halle, Waisenhaus, 1910. 351 p.

MARITIME LAW 109

appendix (pp. 687-790) to E. E. Wendt's Papers on maritime
legislation (3d ed., London. 1888). The Seamen's Act (See-
mannsordnung) which is an important part of German mari-
time law, is likewise translated in the same work, pages 790
et seq. Unfortunately it is a translation of the old act of
December 27, 1872, which was changed in important par-
ticulars by the new Seamen's Act of June 2, 1902. An im-
portant work 011 the German law of maritime commerce has
been published in both German and English. This is the
book of Dr. Alfred Sieveking,1 of Hamburg, published in
London in 1907. It treats the subject of maritime commerce
beginning with the rules concerning the shipment and the legal
relations at the port of shipment, followed in their order by
the rules concerning the voyage and the delivery of the cargo.
It is a concise treatise and covers the Seamen's Act of June
2, 1902, but omits the subject of marine insurance, found in
sections 778-900 of the Commercial Code.

An excellent commentary on this fourth book of the Commer-
cial Code, also excluding marine insurance from treatment,
however, is that by Judge Georg Schaps,2 of Hamburg, which
was intended to supplement Staub's well known commentary
on the Commercial Code. All tin- changes made in Book IV
by the acts of June 2, 1902, and of May 1 2, 1904, are noted in
the appendix, which also contains the maritime provisions of all
related statutes. The omitted portion, covering marine in-
surance, is to be dealt with in a commentary by Dr. Gustav
Sieveking, of Hamburg, and published as a supplement to
Schaps' work. A collection of all the laws and statutes con-
cerning maritime law is contained in a somewhat bulky

Sieveking, Alfred 'tin- German law relating bo the carriage of kihxIs

by s< .1 London, Stevens & Suns, 1007. .s^op.
' Schaps, Georg. Has deutsche seerecht. Berlin, J. Guttentag, k;o6.
93* P

IIO GUIDE TO THE LAW OF GERMANY

volume, edited by E. Brodmann ' (Berlin, 1905). Another col-
lection which embraces the maritime legislation of the Em-
pire is that by Dr. Ferdinand Perels,2 the eminent authority
on maritime law, the second edition of which was published in
1908. It is based largely on his Handbuch des attgemeinen
seerechts, published in 1884. All regulations concerning the
ocean-carrving trade, the maritime administrative regulations,
the ordinances and decrees relating to shipping, the coastal
trade and deep-sea fishing, in short, all the maritime legislation
not included in the Commercial Code, is brought together in
the volume. A rather elaborate commentary on German
maritime law was prepared by Lewis and Boyens,3 the second
volume of which was finished in 1901. It is incomplete, as it
onlv comes down to article 733 of the code. It is of importance
for its references to the laws of other maritime nations.
Naturallv, it does not cover the important Seamen's Act of
1902 and other laws promulgated after its publication. A well
known and useful treatise is the Handbuch,4 in two volumes,
published as a part of the Binding series. The first volume is
from the pen of Dr. Rudolph Wagner; it contains a general
introduction and treats of the persons of maritime law, the
charterer, the broker, the master and crew, etc. Volume 2,
written bv Prof. Pappenheim, of Kiel, is divided into the law
of things and the law of obligations in maritime law. He treats
especially the question of ownership, and all kinds of maritime
contracts and liens. The new Seamen's Act of 1902, with the
other maritime statutes passed on that day, together with the

1 Brodmann, E. Die seegesetzgebung des Deutschen Reiches. 2d ed.

Berlin, O. Haring, 1905. 1124P.
- Perels, Ferdinand. Das allgemeine offentliche seerecht itn Deutschen

Reiche. Berlin, E. S. Mittler und sohn. 1908.

3 Lewis-Boyens. Das deutsche seerecht. v. I-II 11897-1901). Incom-

plete. Leipzig, Duneker & Humblot.

4 Wagnerand Pappenheim. Handbuch des seerechts. Leipzig, Duneker

& Humblot, 1906. 2 v.

INLAND NAVIGATION III

amendments of May 23, 1903 and May 12, 1904, are taken into
account.

The law of general average is treated in three large volumes General Av-

, erase

bv Dr. R. Ulrich,1 only volume 1 of which deals strictly with
the German law. Volume 2 covers the foreign codified laws
on general average, and volume 3 deals particularly with the
British and American rules. The York-Antwerp rules and a
comparative table are included. The second edition was
completed in 1906. A collection of the important laws on
marine insurance was published by Dr. C. Giitschow '- in 19118.
The laws are treated comparatively.

The law of inland navigation is not covered by the Commer- inland Navi-

gation

rial Code; the subject is governedby a special statute enacted
on June 15, 1895, in force since January 1, 1900. As this is
one of the matters concerning water laws which was largely
left within the legislative jurisdiction of the German States,
a complete presentation of the subject is impossible without
taking account of the State laws. The work by Dr. Max
Mittelstein,9 the second edition of which was completed in
1903, is regarded as the leading work on the subject. Volume
one contains the Imperial regulations, and volume two the
State regulations, concerning the law of inland navigation.
The important decisions on maritime law, outside of those of
the Supreme Court, are those of the Oberlandesgericht at
Hamburg, published in the I lanseatische Gerichtszeitung and in
the Deutsche Juristenzeitung and by Abraham in his Han-
seatischf 1\'< r/i/\/>n rhung.

1 Ulrich, R. Grosse haverci. 2d ed. Berlin, E. S. Mittler & Sohn,

1903-6. 3 v.
'Giitschow, C. Vergleichende zusammenstellung dcr wichtigeren

seeversicherungsrechte. Hamburg, 0. Meissner, [908
'Mittelstein, Max Deutsches binnenschiffahrtsrecht. 2d ed. I,cip-

zig, Rossberg, 1900-1903. 2 v.

112 GUIDE TO THE LAW OF GERMANY

BILLS OF EXCHANGE

The matter of negotiable instruments is largely contained
in statutes not included in the Commercial Code. The Bills of
Exchange Act, the first subject of uniform legislation in Ger-
many, was originally adopted on May i, 1849. On June 5,
1869, it was accepted, together with the " Nurnberg novels"
or amendments of April 13, 1861, as the law of the North-
German Federation, and became the law for all Germany in
April, 1871. Changes were effected in the act by the intro-
ductory statutes to the Code of Civil Procedure and to the
Bankruptcy Act of 1877, especially as to statutes of limita-
tions. The Scandinavian countries, and Switzerland, Russia
and Holland, have adopted the German Bills of Exchange
Act practically verbatim. An English translation of the act
in its unamended form, together with the Nurnberg novels, is
printed in volume III, pp. 2787-2808 of Randolph's Treatise
on the law of commercial paper (St. Paul, 1899). The act of
June 3, 1908, effected certain changes in the law, especially
making protests more easy, and an entirely amended Bills of
Exchange Act was promulgated on that day. A recent work
bv Leader1 (London, 191 1) contains an English translation
of the new German Bills of Exchange Act and the 1908 law
of checques. The new (seventeenth) edition of Byles on
Bills (London, 191 1) also contains, in appendix 3, Leader's
English translation of that act. By all means the leading
treatise on the subject, historical, theoretical and dogmatic,
is that bv Prof. Karl Griinhut,- of Vienna, which appeared
in two volumes in 1897, in the Binding series. The new act
of 1908 is necessarily not considered. The last (eighth)

1 Leader, S. The German law of bills of exchange and of cheques.

London, Sweet & Maxwell, 1911. 34 p.
'Griinhut, Carl. Wechselrecht. Leipzig, Duncker & Humblot, 1897. 2 v.

cheques 113

edition of Staub,1 the best commentary on the act, takes
the new legislation of 1908 and the decisions up to 191 1 into
account. Gareis2 is the author of a good work on the sub-
ject, which includes in its treatment the tax law of July 15,
1909.

The German law of cheques of March 11, 1908, was inspired Cheiues
by a general desire to popularize the use of that form of
commercial paper. (See art. 17 of the statute introducing
the new German Commercial Code.) Leader's recent work
(supra) contains a translation of the law of March 11, 1908.
A translation of that act, together with an editorial comment
on some of its principal features, appeared in the Banking
Law Journal, volume 25 (1908), pages 536-537. 551-558-
An analysis of the act, with comparative references to the
German Bills of Exchange Act of 1849, appeared in volume

2 (1909) of the Annual Bulletin of the Comparative Law
Bureau, pages 29-40, from the pen of Prof. E. G. Lorenzen.
The article is preceded by a bibliographic headnote by W. W.
Smithers, citing the laws of other countries on the subject,
with special reference to the sections of the respective Com-
mercial Codes in which the matter is dealt with. This same
statute was the subject of an article by Dr. Ernest Schuster
(Journal of the Society of Comparative Legislation, vol. 9,
August, 1908, pp. 79-83), in which the requirements of the
new act are compared with the British law on the subject.

A useful commentary on the act, by Prof. Ludwig Kuhlen-
beck,3 was published in 1908. There is a long introduction,
together with commentary, notes, and forms. Another good

1 Staub, H. Kommcntar zur wechselordnung. Eighth edition, bearb.

von M. Stranz. Berlin, J. Guttentag, 1912.
2Gareis, Karl. Die allgemeine deutsche wcchselordnting nchst dem
wechselstempselgesetz von 15. 7. iqoq. 8th ed. Munchen, 1010.

3 Kuhlenbeck, L. Das deutsche schcckgesctz. Hreslau & Leipzig,

Langcwort, 1908. 139 p.

297 74°— 12 S

114 GUIDE TO THE LAW OF GERMANY

book on the subject, by Dr. Walter Conrad,1 contains refer-
ences to foreign legislation (principally derived from the
Handel sgesetze des erdballs) and, in an appendix, the law of
cheques of the more important commercial countries. Dr.
Hans Lessing 2 published a handy little work on the subject,
in which foreign legislation is also noted. A critical work of
some interest is that recently published by Prof. Langen 3 of
Miinster. In this book, questions on the law of cheques not
answered by the act itself, the new Bills of Exchange Act,
and many phases of the law of negotiable instruments are the
subject of critical discussion.
stock Ex- _\ number of important statutes relating to commercial

change Law

law have been enacted. One of these is the stock exchange
law (Borsengesetz) of June 22, 1896, amended on May 8, 1908.
This act of May 8, 1908, is translated into English in one of
the volumes published by the National Monetary Commission.4
It is entitled German imperial banking laws, edited by Dr. R.
Koch. Besides its translation of the stock exchange law, it
contains the regulations for the Berlin Exchange of December,
1908, and provisions concerning brokers on that exchange.
The important provisions of the law of 1908 are discussed
briefly in the Journal of the Society of Comparative Legisla-
tion, March, 191 1, page 326. A useful commentary on the
act, based on the new amendment, was published under the
auspices of the German Bankers' Association by Rehm,5

1 Conrad, Walter. Handbuch des deutschen scheckrechts. Stuttgart,

F. Enke, 1908. 340 p.

2 Lessing, Hans. Scheckgesetz vom 11. Marz 1908. Munchen, J.

Schweitzer, 1908. 262 p.

3 Langen, Prof. A. Zum scheckrecht. Erorterungen iiber die rechts-

lage des scbecks ausserhalb des scheckgesetzes. Berlin, Heymann,
1910. 140 p.

4 Koch, Richard. German imperial banking laws. Together with the

German stock exchange regulations. S. Doc. 574, 61st Cong. 2d
sess. Washington, G. P. O., 1910.

5 Kommentar zum borsengesetz. Auf veranlassung des zentralverbandes

der deutscbcn bankiergewerbes von Rebm, Trumpler, Dove, Neu-
kamp and others. Berlin, Guttentag, 1909. 464 p.

BANKING LAW 1 15

Triimpler, Dove, and others. It appeared in 1909. A
recent work by Dr. Otto Bernstein,1 which includes the 1908
amendment, was published in 1910.

The banking laws of Germany are contained in the statutes Banking
organizing the Reichsbank of March 14 and May 21, 1875 and
in the amending statutes of December 18 and June 7, 1899 and
June 1, 1909. All these statutes are translated and critically
discussed in the work by Koch (supra) published by the Na-
tional Monetary Commission. One of the best editions of the
Banking Act and its amendment is edited by A. Henschel,2
published in 19 10.

Another important law is that concerning the safe custody Custody of

Xegotiable In-

of negotiable instruments (Gesetz betrefjend die Pflichtcn </< r struments
Kaufleutc bci der Aujbewahrung fremder Wertpapiere) enacted
July 5, 1896. It concerns the rights, duties and liabilities of
the parties concerned in a transaction of deposit of securities
for safe-keeping or by way of pledge, with brokers, merchants,
etc. A translation of the Act is printed as Appendix A
(pp. 229-234) of A. F. Schuster's translation of the Commercial
Code (suf>ra). A critical discussion of the statute was pub-
lished in 1906 by Prof. Riesser,11 of Berlin.

The mortgage bank law (Hypnthtkcnbankgesetz) of July 13, Mortgage

Hank Law

1899, is also important. A small commentary by Merzbaclur '
and another by L<ihr 3 are perhaps the best on the subject.
A recent volume by Dannenbaum ' treats the subject exhaust-
ively, both from the legal and the economic points of view.

1 Bernstein, Otto. Das Borsengesetz. Leipzig, Rossberg, 1910. 4U7 p,

- Henschel, Albert. Bankgesetz vom 14. marz 1875. Berlin, ]•".
Vahlen, 1910. 492 p.

3 Riesser, Dr. Das Bankdepotgesetz. Berlin, Otto Liebmann, 1906.
128 p.

* Merzbacher, S. Hypothekenbankgesetz vom 13. 7. 1899. Munchen,
Beck, 1899. 145 p.

'- Lolir, Josef. Das liypothekcnbankgesetz vom 13. 7. 1899. Leipzig,
1906. 155 P

0 Dannenbaum, Fritz. Deutsche hypothekenbanken. Berlin, P. \ all-
ien. 1911, 41 -

Il6 GUIDE TO THE LAW OF GERMANY

BANKRUPTCY

The German law of bankruptcy was first unified on Feb-
ruary 10, 1877 (effective Oct. 1, 1879), and was amended with
the other important codes in 1898. An article in the Law
Times, volume 72 (1881-82), pages 58-59, 434-435, discusses
the procedure and mechanism of the law, including the ques-
tion of the distribution of assets among creditors. The lead-
ing commentary on the subject is that by E. Jager,1 the fourth
edition of which has just been completed. Another popular
commentary was written by Judge Wilmowski,2 a sixth
edition of which appeared in 1906. The questions of bank-
ruptcy law and procedure are also discussed in an important
treatise by Prof. Hermann Fitting,3 of Halle, the celebrated
discoverer of the work of Irnerius, founder of the classic law
school at Bologna (J. D. Wilson in Juridical Review, 1894, vol.
6, pp. 304-307). The third edition appeared in 1904. An
important work on bankruptcy procedure, one of the Binding
series, is the treatise by Prof. Seuffert,4 of Munich, based on
the new legislation of 1898 It is an historical and dogmatic
presentation of the subject,
creditors' ^jj important law, closely related to bankruptcy, is that
concerning creditor's suits, where, among other contingencies,
the circumstances indicate an assignment or other disposi-
tion of assets in fraud of creditors (Gldubigeranfcchtung).
This law of July 21, 1879, as amended May 20, 1898, is ably

1 Jager, E. Kommentar zur konkursordnung u. den einfuhrungs-
gesetzen. 3d and 4th ed. Berlin, J. Guttentag, 1907-11. \

2 Wilmowski, Gustav Karl Adolf von. Deutsche reichs-konkursord-
nung. Nach dem tode des verfassers fortgesetzt von dr. K. Kurl-
baum ... A. Kurlbaum . . . und W. Kuhne ... 6th ed.
Berlin, F. Vahlen, 1906. 788 p.

3 Fitting, Hermann Heinrich. Das reiehs-konkursrecht und konkurs-
verfahren. 3d ed. Berlin, J. Guttentag, 1904. 523 p.

4 Seuffert, Lothar. Deutsches konkursprozessrecht. Leipzig, Duncker
&Humblot, 1S99. 483 p.

Suits

TKtSTS WD MONOPOUES 117

treated in a work by Dr. Ernst Jaeger,1 published in 1905, and
in the standard work on the subject by Falkmaun.-

TRUSTS AND MONOPOLIES

Under the principle of industrial liberty, trusts (Kartellen)
and combinations of capital arc regarded as lawful. The only
limitation seems to be that they must not be against morality
{gute Sitten) according to section 138 of the German Civil
Code, nor unlawfully injure another, according to section 826
of that code. Both sections have received the most liberal
of constructions. Nor theoretically must they establish a
monopoly, nor exploit the public, although in practice these
principles seem to have been generally disregarded. Occa-
sionally a trust has been declared unlawful by reason of hav-
ing been found guilty of extortion under the Penal Code.

In an article by Francis Walker in the Political Science
Quarterly, volume 20 (1905), pages 13-41, on the "Law con-
cerning monopolistic combinations in Europe", several pages
(14-21) are devoted to the law of Germany. A recent
Government publication, Trusts in foreign countries, printed
for the use of the Senate Committee on Interstate Commerce
(191 1), contains the article by Walker above mentioned, and
other articles on the legal status and operation of trusts in
Germany. The subject of trusts in Germany is the basis of
an interesting note in volume 36 (May 7, 1908) of the Na-
tional Corporation Reporter, page 445. A popular article bv
('.. Hi Montague, "German and British experience with trusts",
in volume 107 Atlantic Monthly, pages 155-164 (February,
191 1) is of interest. The subject was discussed at length in
the twenty-sixth convention of German jurists (Deutscker

1 Jaeger, Ernst. Die glaubigeranfechtung ausserhalb des konkurses.

Berlin, J. Guttcntag, 1905. 344 p.
- Falkmann, R. Die anfechtung van rulitshaiulluTigeii dutch die

glaubiger ausserhalb des konkurses. Berlin, 1908. 117 p.

Il8 GUIDE TO THE LAW OF GERMANY

Juristcntaq) 1902 and again at their meeting in 1904. A
critical discussion of the law of trusts and monopolies is
contained in a work by Dr. Simon Rundstein ' published in
1904. A small book, written from a legal standpoint, is
that of Dr. Rudolf Huttner2, published in 1909. Josef
Grunzel 3 (Leipzig, 1902) and Baumgarten and Meszleny 4
(Berlin, 1906) are the authors of two works dealing with the
legal and economic aspects of the subject. The latter is a
comparative study. Ludwig Silberberg, the editor of the
periodical Deutsche* Kartell-jahrbuch,s has recently published
a small volume on the German law of trusts.6 It has been
favorably reviewed. In 1906, the German Government (De-
partment of Interior) prepared a voluminous memorial con-
cerning trusts in Germany, entitled Denkschrijt iiber das
kartellwesen (Berlin, Heymann).

INSURANCE

The German law of insurance is dealt with in a number of
statutes. The act of May 12, 1901 governing private insur-
ance (Privat-versicheriingsunternehmen) regulates the precau-
tions required to be taken for the safety of the policy holders
on the establishment of insurance companies, and provides
for the appointment of a Government board by which they
are controlled. The laws as to social insurance (against acci-

1 Rundstein, Simon. Das recht der kartelle. Berlin, R. V. Decker,

1904. 118 p.

2 Hiittner, Rudolf. Das recht der kartelle in Deutschland. Leipzig,

Rossberg, 1909. 147 p.

3 Grunzel, Josef, tjber kartelle. Leipzig, Duncker & Humblot, 1902.

332 P-

4 Baumgarten und Meszleny. Kartelle u. trusts. Berlin, O. Liebmann,

1906.
6 Deutsches Kartell-jahrbuch, hrsg. v. Ludwig Silberberg. Begun in

1910. One volume annually. Berlin, Puttkammer & Miihlbrecht,

1910 and cont.
6 Silberberg, Ludwig. Handbuch des deutschen kartellrechts. Berlin,

Puttkammer & Miihlbrecht, 1911. 327 p.

INSURANCE 119

dent, sickness, invalidity, old age, etc.) are contained in the re-
cent Workmen's Insurance Code (Rt ichsversicherungsordnung)ol

191 1 . The subject of marine insurance is governed by sections
778-900 of the Commercial Code (supra). The Civil Code deals
with life insurance for the benefit of a third party (sec. 330)
and contains certain rules as to contracts providing for
annuities (sees. 759-761). In addition to these statutes
there existed prior to the coming into force of the act of May
30, 1908 (in force Jan. 1, 1910) relating to insurance contracts
(Geseii betreffend den Versicherungsvertrag), a complex and
divergent Slate law on (lie same subject which was expressly
upheld by article 75 of the statute introducing the Civil Code.

This act of May 30, 1908 does not interfere with previously
existing Imperial law, but with a few exceptions, specified
in sections 191-193, it revokes the existing State law. Tin
act is divided into four parts of which part one has four
subdivisions. The first contains the general rules dealing
with the form of insurance contracts, and the effect of pro-
visions as to forfeiture, prescription, and other matters; the
second subdivision deals with the duty of the insurer to make
full disclosure and the right of the insurer to give notice to
determine the contract in the event of an unexpected increase
of the risk; the third subdivision regulates the payment of
premiums; and the fourth, the rights and powers of insurance
agents.

Part 2 of the act deals with insurance against damage
(fire insurance, insurance against hail, insurance of cattle, of
property carried by land, and liability insurance). The third
and fourth parts respectively contain the special rules relat-
ing to life insurance and insurance against accidents.

A brief account of the provisions of the act of 1908 is to
be found in the Journal of the Society of Comparative Legis-
lation, March, 191 1, pages 324-325. The provisions of both
tlu- acts of 1901 and 1908 are discussed in French by Ernest

120 GUIDE TO THE LAW OF GERMANY

Lehr in the Revue de droit international, volume 42 (1910),
pages 263-303.

The act of May 12, 1901 is treated in a good commentary
by Dr. H. Rehm,1 a third edition of which has just been
issued (191 1). Dr. Manes2 of Berlin, one of the leading
authorities on insurance law, has likewise written a com-
mentary on the act of 1901, which was published in a second
edition in 1909 by Otto Hagen.

The act of 1908 has called forth a considerable literature
of which only the most important contributions can be noticed
here. A small but good annotated edition of the act was pub-
lished in 1908 by Dr. Konrad Schneider,'1 a judge of the court
of appeal. The leading commentary on the act of 1908 was
published under the general editorship of Dr. Manes,4 of Ber-
lin, with the cooperation of a number of other authorities on
insurance law. The work appeared in 1 908. Dr. Kurt Heyne ''
is the author of a small work dealing with fire insurance
based on the regulations of the act of 1908.

The leading treatise on the general law of insurance is
that by Prof. Ehrenberg fi of Gottingen, only one volume of
which has been published. It was issued in the Binding
series. As a statement of existing law it has become some-

1 Rehm, H. Reichsgesetz iiber die privaten versicherungsunterneh-

mungen vom 12. V. 1901. 3d ed. Miinchen, Beck, 1911. 429 p.

2 Manes, A. Das reichsgesetz iiber die privaten versicherungsunter-

nehmungen vom 12. V. 1901 mit erlauterungen. 2d ed., by O. Hagen.
Tubingen, J. C. B. Mohr, 1909. 398 p.

3 Schneider, Konrad. Reichsgesetz iiber den versichenmgsvertrag.

Miinchen, Beck, 1908. 555 p.

4 Manes, Alfred. Kommentar zum deutschen reichsgesetz iiber den

versicherungs-vertrag; von Stephan Gerhard . . . Otto Hagen . . .
Hugo v. Knebel-Doeberitz . . . Hermann Broecker . . . Alfred
Manes . . . Berlin, E. S. Mittler und Sohn, 1908. 818 p.

5 Heyne, Dr. Kurt. Versicherung gegen branschaden und die brand-

schaden-regulierung. Leipzig, Duncker & Humblot, igio. 193 p.

6 Ehrenberg, Victor. Versicherungsrecht. Leipzig, Duncker & Hum-

blot, 1893. 1 v.

SOCIAL INSURANCE 121

what antiquated by reason of recent legislation, but it is
excellent for its theoretical discussions of general doctrines
in special kinds of insurance. A large work of reference, in
the form of a dictionary, which covers both commercial
(private) insurance and social (workmen's and employees')
insurance, was edited by Dr. Manes ■ and published in 1909.
It includes Austrian and Swiss, as well as German law,

Besides the general collections of court decisions, two series
of reports are devoted to the special subject of insurance.
One of these series is edited by Stephan Gerhard,2 and entitled
Praxis des privatirrsichcnoigsrechts. It is published in three
volumes (1908-191 1). The other series is edited by F. Hacke 3
and covers the decisions of the highest courts on all branches
of insurance law excepting marine insurance. This collection
is published in two volumes (1910), the first of which covers
private insurance, and the second, social insurance.

SOCIAL INSURANCE

The philosophical principles underlying social legislation in
Germany in its modern development may be said to have been
first expressed in the works of Fichte in the early years of the
nineteenth century. The first definite proposal for the adop-
tion of compulsory insurance as a state institution originated
with Dr. Albert Schaeffle, the leader of the social democrats.
Two of his most prominent works, his Impossibility of sot ial

' Manes, Alfred. Versicherungslexikon; em nachschlagewerk fur alle
wissensgebietc dcr privat- und der sozial-versicherung insbesondere
in Deutschland, Ocstcrreidi und dcr Schwciz. Tubingen, J. C. B.
Mohr (P. Siebeck) 1909. 1682 col.

2 Gerhard, S. Praxis des privat versicherungsrechts. Berlin, E. S.

Mittler & Sohn, 1908-1911. 3 v.

3 Hacke, F. Die rechtspreclmng des reichsgerichts, des reichsober-

handelsgerichts . . . auf dem gebiete des versichungsrechts.
Berlin, W. Moeser, 1910. 2 v.

122 GUIDE TO THE LAW OF GERMANY

democracy * and Theory and policy of labor protection 2 have
been translated into English. For more than a generation,
insurance had constituted one of the definite attributes of the
trade guilds (Innungen and Erwerbs- und Wirtschaftsgenossen-
schaften). The growing restiveness and political influence of
the social democrats finally induced Bismarck to initiate gov-
ernmental action in support of compulsory insurance. Ger-
many was the first country to adopt a system of compulsory
insurance of workmen on a national scale as a part of the policy
of a great industrial nation.
LiawmyyerS As early as 1838, shortly after the construction of its first
railroad, Prussia placed on all railroads the duty to make
compensation for all injuries which the railroad could not
show were due to unavoidable accident, or the fault of the
victim. The present system of compulsory insurance against
accident, sickness, and invalidity was preceded by an Em-
ployers Liability Act (Reichshaftpflichtgesetz) of June 7, 1871,
which secured to the employee in certain branches of gainful
occupations, especially in railways, mines and factories, a
definite legal right to indemnification under the following cir-
cumstances: first, in railway accidents when the employer can
not show that the injured employee suffered by his own fault,
or by circumstances beyond the employer's control; second, in
other cases, mines, quarries and factories, when the injured
employee on his part can show that either the employer or his
agents were in fault. It is a short act of ten articles. A
translation of this act is printed in Appendix A, page 814, of
the Seventeenth Annual Report of the New York Bureau of

'Schaffle, Albert. The impossibility of social democracy. Translated
from the fourth German edition by A. C. Morant. London, Swan,
Sonnenschein, 1892. 419 p. New edition, London, G. Allen, 1911.

336 P-
2 Schaffle, Albert. The theory and policy of labour protection. Edited
and translated by A. C. Morant. London, Swan, Sonnenschein,
1893. 252 p.

SOCIAL INSURANCE I 23

Labor Statistics and in volume 2 of the Twenty-Fourth Annual
Report of the United States Commissioner of Labor, pages

2551-2552.

This Employers Liability Act of 1871 did not bring about
the desired result. The heavy burden of proof cast upon
the injured employee and the necessity of proving negli-
gence almost frustrated the beneficent intentions of the
measure. By reason of the Compulsory Insurance Acts
against accident and sickness of 1883 and 1884, with their
amendments, this Employers Liability Act of 1871 has
lost much of its importance. It still applies, however,
(a) to persons injured in factories who are independent of
the employer, and to railway passengers; (b) to managers,
heads of departments, and other employees who are not
included within the provisions of the compulsory insurance
laws, in other words, those who receive a salary of more
than 3,000 marks (formerly 2,000); (c) to enterprises not
embraced within the Accident Insurance Acts, according to
the decisions of the Bundesrat, and in a few other cases. The
leading work on the subject of employers liability under the
act of 1 871 is that of Dr. Georg Eger,1 the seventh edition of
which has just been published (1912). The Act and its oper-
ation is also discussed in many of the works in English on
compulsory workmen's insurance (infra).

Germany has recently codified its laws on all the various Workmen's

. . Insurance

branches of workmen s insurance. The code (Retchtversuln- code
rungsordnung), promulgated July 19, 191 1, is fully up to the
standard of the splendid codifications of other branches of
German law. The new Workmen's Insurance Code contains

1 Egcr, Georg. Das reichs-haftpflicht-gesetz betreffend die verbindlicli-
keit zum schadenersatz fur die bei dem betriebc von eisenbahiKii,
bergwerken, steinbruchen, grabereien und fabriken herbeigefuhrten
todtungen und kSrperverletzungen. Vom 7 Juni 1871. 7U1 ed.
Hannover, Hchving, 1912. 669 p.

124 GUIDE TO THE LAW OF GERMANY

1805 sections and an extensive introductory law; with the
exception of the Civil Code, it is now the largest code in
the German Empire. This code takes the place of the fol-
lowing statutes: The Sickness Insurance Act of June 15,
1883, as amended April 10, 1892, with the amendments of
June 30, 1900, and May 25, 1903; the act of May 5, 1S86,
concerning accident and sickness insurance of persons engaged
in agricultural and forestry industries ; the Industrial Accident
Insurance Law of June 30, 1900, amending and codifying the
accident insurance laws in various branches of industry; the
Mercantile Accident Insurance Act, as promulgated July 5,
1900, and the Invalidity Insurance Act of July 13, 1899, as
promulgated July 19, 1899. The code has extended the
application of different forms of workmen's insurance to new
industries and to new beneficiaries.

The new Insurance Code, which awaits certain administra-
tive regulations before coming into force, embraces six books,
which deal respectively with the following matters: First,
general provisions, particularly the organization of the in-
surers and the Imperial Insurance Office (Reichsversiche-
rungsamt). The second book deals with sickness insurance.
Sickness insurance instead of being confined to certain indus-
tries is now extended to all employments. The third book
covers accident insurance in its three branches, industrial
agricultural and mercantile. The number of industries and
occupations to which accident insurance is applicable has
also been greatly extended. The organization of the admin-
istration of accident insurance has been changed but slightly.
The fourth book, dealing with invalidity, includes the new
widows' and orphans' insurance laws. Book 5 contains only
44 sections. It regulates the legal relations of sickness insur-
ance to invalidity insurance and to widows and orphans
insurance, and of accident to invalidity and widows and
orphans insurance. It may well happen that in a given case

SOCIAL INSURAXCE 1 25

two or three of these forms of insurance may be applicable;
hence the necessity of regulating their concurrent application.
Book 6 regulates the common procedure for all branches of
social insurance. There is now a common forum, many of
the former arbitration courts with their peculiar appellate
jurisdictions being abolished. The new jurisdictional courts
in these insurance cases are: First, the Versicherungsamt;
second, the Obcrvcrskhcruiigsamt; and third, for important
cases, the Reichsversicherungsamt (Landesversicherungsami) ,
as a court of last resort. In assessing damages, there is
now a larger representation of employees in the court than
heretofore.

One of the principal objects of the Imperial Insurance Office
is to secure uniform construction and interpretation of the
law as between the adjudications of the various inferior
courts, and uniformity in the administration of the law. For
that reason it has been relieved of jurisdiction in minor cases.

A good description of the contents of the new code, with
special emphasis on the changes brought about in the old
law, is contained in an article by Prof. Lass, of Berlin, which
appeared in the Deutsche juristen-zeilung for September 1,
1911, columns 1031-1041. A valuable account of the scope
and contents of the new code is printed as an Introduction
(pp. 501-506) to a recent English translation of the new
Workmen's Insurance Code which has been made by Dr.
Henry J. Harris, now Chief of the Documents Division of
the Library of Congress. This translation is published in
Bulletin 96 of the United States Bureau of Labor, pages

507-774-

The new code of 191 1 has restated and codified the former
laws on the individual branches of the subject, but the sub-
stantive provisions of the law have been but slightly altered.
The new code has already brought out a large number of anno-

126 GUIDE TO THE LAW OF GERMANY

tated editions and commentaries, but for some years to come,
the important literature on the law in force before codification
will still be considered authoritative, and in this Guide, can
not be overlooked. An important document showing the
origin and history of each section of the new code is known
under the following title: V erhandlungen des reichstags, XII
Legislator periode , 77 Session, Anlagen zu den stenographischen
berichten, Sec. 340, Provisorischer teil. Besides the code itself,
this document contains an exhaustive description of its con-
tents, its bases and "motives," and its relation to previously
existing law, with explanatory notes throughout. Reciprocal
tables show the location of provisions of the former laws in
the new code and indicate the specific origin of each of its
sections.

A convenient edition of the new code in four small volumes,
edited by Manes,1 Mentzel, and Schulz, is being published at
Leipzig by Goschen Verlagsbuchhandlung. Practical editions
of the code in one or two volumes are being prepared. From
the advance-notices, the most desirable of these seem to be
the commentary by Stier-Somlo2 and the two volume com-
mentary by Gugel and Schmid.3 Extensive commentaries, in
four or more volumes, are being prepared by Diittmann 4 and
by Hanow5, each with the cooperation of several other editors.
The editors of Hanow's commentary are all officials of the
Imperial Insurance Office. Parts of the last mentioned works
have already been published.

1 Manes, Mentzel and Schulz. Reiehsversieherungsordnung. Leipzig,

Goschen, 1911. 4 v.

2 Stier-Somlo, F. Kommentar znr reiehsversieherungsordnung und ihrem

einfuhrungsgesetz, v. 19. 7. 1911. Berlin, F. Vahlen, 1911-12.

3 Gugel and Schmid. Kommentar zur reiehsversieherungsordnung.

Berlin, E. Weber, 1911-12. About 1600 p. 2 v.

4 Diittman, F. Appelius, P. Brunn u. a. Kommentar zur reiehsver-

sieherungsordnung. Altenburg, Geibel, 191 1. 4 V.
6 Hanow, H., F. Hoffmann, R. Lehmann, St. Moesle, W. Rabeling.
Kommentar zur reiehsversieherungsordnung. Berlin, Heyman,
1911. 5 v.

SOCIAL INSURANCE 1 27

A new periodical, devoted entirely to social insurance, has
been announced. It is edited by Duttmann, Appelius, and
Brunn.1

The German system of social insurance has been given a
wide extension by the law of December 20, 191 1. That law
Das Versicherungsgesetz jur Angeslellte provides for insur-
ance against invalidity and old age for salaried employees,
including superintendents, foremen, musicians, actors, tutors,
ship's officers, and others whose salary does not exceed
five thousand marks per year. Employees between the
ages of sixteen and sixty are eligible for admission to the
benefits of this insurance, whose benefits extend likewise to
widows and orphans. Compulsory sickness insurance was
first provided for this class of persons in the new Workmen's
Insurance Code of July, 191 1. An English translation of
the law of December 20, 1911, will be prepared during 1912
by Dr. H. J. Harris. It will be published in one of the
bulletins of the Bureau of Labor.

This law for the insurance of salaried employees will not
go into effect until certain regulations for its operation are
drawn up. It will hardly come into force before 1913.
The law has brought in its train the usual number of com-
mentaries, the largest of which, to date, i^ edited by the well-
known authority Dr. Manes, collaborating with Dr. Paul
Konigsberger.2 Two other small commentaries recently
announced are those by Habermann 3 and Brunn.'

The system of workmen's insurance in Germany has given
rise to a great deal of important literature in the English

1 Archiv fiir rcichsversicherung. Sammlung der ausfuhrungsbestim
mungen u. bemerkenswerten entschcidungen zur reichsversiche-
rungsordnung, etc. Schriftleiter, A. Dflttmann. Oldenburg,
Littmann, 191a.

- Manes u. Konigsberger. Das versicherungsgesetz mr angestellte.
Leipzig, Goschen, 1912.

'Habermann, M. Versicherungsgesetz fiir angestellte. Leipzig, I'm. -
sclicl, 1911. 167 p.

' Brunn. Kommentar zum versicherungsgesetz fur angestellte. Berlin,
Heymann, 1912.

128 GUIDE TO THE LAW OF GERMANY

language. Probably the most complete of the English
works on the subject is chapter 5 of the Twenty-fourth Annual
Report (1909) of the United States Commissioner of Labor
(Washington, Government Printing Office, 191 1, pp. 977-
1493). This chapter presents the economic and legislative
history of the three principal laws embracing workmen's
insurance (sickness, accident, invalidity), with their amend-
ments, an analysis of the acts themselves, an administrative
and statistical account of the insurance system, and a brief
bibliography. John Graham Brooks in the Fourth Special
Report of the Commissioner of Labor (Washington, 1893),
prepared an account of the origin of compulsory insurance
in Germany; although now almost twenty years old it is
still of importance. A recent work by Frankel and Daw-
son ' published under the auspices of the Russell Sage
Foundation, constitutes one of the best contributions to
the subject of " workingmen's insurance in Europe." A
large part of the book is devoted to the system prevailing
in Germany. A well-selected bibliography, divided by
countries, adds to the value of the work. The bibliography
on employers' liability and workmen's compensation recently
published by the Library of Congress (Government Printing
Office, 191 1) is important for the more recent literature on
the subject. The early history and literature of workmen's
insurance previous to 1882 is discussed in an article by A. von
Miaskowski Zur geschichte und literatur dcs arbeiterversiche-
rungswesen in Deutschland (Jahrbucher jiir national okonomie
und statisiik, N. F., vol. 4, 1882, pp. 474-496).

Germany's exhibit at the St. Louis Exposition in 1904
was accompanied by two monographs of considerable
value. The first, entitled German workmen's insurance as a
social institution, in five parts, was prepared by order of the

1 Frankel and Dawson. Workingmen's insurance in Europe. New
York, Charities Pub. Committee, 1910. 477 p.

SOCIAL INSURANCE 1 29

Imperial Insurance Office at Berlin. It discusses the sub-
ject in all its phases, especially emphasizing the legal, eco-
nomic, and administrative. The second, entitled Guide to
the workmen's insurance of the German Empire, was prepared
by Dr. Georg Zacher, the eminent authority on workmen's
insurance (Berlin and London, Asher, 1904, 32 p.). This
little monograph, under its German title Leitfadt 11 zur
arbeiierversichentng des Deutschen Reichs, has appeared in
many editions, the last of which is the thirteenth (Berlin,
Behrend & Co., 1908). A handbook (Jahrbuch der arbeiter-
rung, 1 908-1 911) is published annually in two small
volumes; it is useful as an aid in the administration of the
workmen's insurance laws. It contains all the statutes, is
fully annotated by decisions, and is amply provided with
statistical tables.

Of the articles in English on the subject of workmen's
insurance probably none exceed in importance the series of
four articles published by Norbert Pinkus in the Yale Review
during 1904-5 (v. 12, pp. 372-388; v. 13, pp. 72-97; 296-323;
418-434). The author undertakes a critical study of the influ-
ence of workmen's insurance upon the whole social structure,
the scope of the system, and its results. The first two
articles deal with the economic and what the author calls
the social hygienic aspects of workmen's insurance legisla-
tion in Germany. The moral influence was but barely
indicated, and the omission induced Professor Farnam of
Yale to write a somewhat controversial article "The psy
chology of German workmen's insurance" (Yale Review,
May, 1904, v. 13, pp. 98-113), which took up some of the
objections to the compulsory insurance system. To sup-
plement the remarks of Professor Farnam and discuss the
objections raised by him was the object of Pinkus' s third
and fourth articles. In these articles he discusses particu-
29774°— 12 9

130 GUIDE TO THE LAW OP GERMANY

larly the reciprocal relations of government, workmen, and
employers, the moral influence of the system, and accident
statistics. To the last of these articles Professor Farnam
added a postscript in refutation. The whole series consti-
tutes an important contribution.

A criticism of Germany's system of social insurance has
recently appeared in the English translation of a tract by
Dr. Ferdinand Friedensburg, retired president of the Senate
in the Imperial Insurance Office. The article appeared first
in the Zeitschrijt fur politik, vol. 4. His particular criticism
is that while intended to eliminate pauperism and charity,
the system has produced pauperism in another form, that it
has fostered the German evil of bureaucratic formalism and
has inspired fraud, a demoralizing practice on the part of the
insured. The translation has been made by Dr. L. H. Gray
and is published under the title The practical results 0} work-
men's insurance in Germany by the Workmen's Compensa-
tion Sen-ice and Information Bureau, No. 1 Broad Street,
New York City. Experts on social insurance consider this
criticism unfair, in that it gives exaggerated importance to
the minor and occasional defects of any great system and
fails to take into account its general beneficial results. Dr.
Georg Zacher in an article in the American Journal of Soci-
ology (September, 191 1, v. 17, pp. 177-187) upholds the
benefits of the system and refutes some of the arguments
advanced in Friedensburg's monograph. He also discusses
briefly the extent to which the system has spread to foreign
countries. Alfred Mond in the English Review (June,
191 1, v. 8, pp. 486-506) describes briefly the scope of the
new code of 191 1, takes up some of the criticisms which have
been directed against the system, and compares some of the
features of the German and English systems of social insur-
ance. An article by Dr. E. J. Schuster "National health
insurance in England and Germany" (Journal of the Society

SOCIAL INSURANCE 131

of Comparative Legislation, pp. 11-32) discusses in detail
the provisions of the British National Insurance Bill and
makes brief comparisons with the system of social insur-
ance in operation in Germany. J. A. Emery in volume 4
(191 1), pages 17-32, of the Annual Bulletin of the Compara-
tive Law Bureau gives an account of the American, English,
and German systems of compulsory insurance.

Prof. Stier-Somlo,1 of Bonn, published in 1906 an important
work on the social legislation of Germany. The first volume,
besides the historical portion, deals with sickness insurance.
A second volume2 which has recently been published (1912),
undertakes a scientific and theoretical discussion of the bases
of the new Insurance Code.

A few works dealing with the various constituent branches
of compulsory insurance in Germany must be mentioned. A
good collection of all the laws on the subject was published by
Prof. Piloty,3 of Wiirzburg (3d ed., 1900-1908). A scientific
treatise on the general subject is that by Prof. Heinrich Rosin,4
of Freiburg, in two volumes (1 893-1 905). Prof. Richard
Weyl,6 of Kiel, is the author of an important treatise on
workmen's insurance (1894). •

The three important branches of social insurance, sickness,
accident, and invalidity and old age, have been treated sepa-
rately as well as in the general literature mentioned above.
The first act was that insuring workmen against sickness

1 Stier-Somlo. Deutsche sozialgesetzgebung. Geschichtliche grund-

lagen u. krankenversicherungsrecht. Jena, Fischer, 1906. 408 p.
'Stier-Somlo, F. Studien zum sozialen recht, insbesondere zurreichs-

versichennigsordnung. Mannheim, Bensheimer, 1912.
•Piloty, Robert. Arbeiterversicherungs-Gesetze. 2/3 ed. Munch en,

C. H. Keck, 1900-190S. 3 v.
1 Rosin, Heinrich. Das recht der arbeitcr-vcrsichcrung. Berlin, t'.ut-

tentag, 1893-1905. 2 v.
■ Weyl, Richard, I.chrbuch des reichsversichenmgsrechts (Kranken-,

unfall-, invaliditats- und altersversicherungsrechts) Leipzig,

Duncker & Humblot, 1894. 1067 p.

132 GUIDE TO THE LAW OF GERMANY

(Krankenversicherungsgesetz), which was passed on June 15,
1883. The preliminary steps are described in the Fourth
Special Report of the United States Commissioner of Labor,
prepared by John Graham Brooks {supra). A translation of
this act of 1883, together with a translation of the Accident
Insurance Act of 1884, was published by Prof . Taussig in the
Quarterly Journal of Economics in an article entitled "Insur-
ance for workmen in Germany, "volume 2 (1887), pages 1 1 1-134.
The Sickness Insurance Act was amended in essential particu-
lars on April 10, 1892, June 30, 1900, and May 25, 1903. A
leading commentary on the law of sickness insurance was
published by Dr. E. von Woedtke,1 an authority on all
branches of compulsory insurance of workmen. Another use-
ful work on the subject is that of Dr. Theodore H. Petersen 2
(6th ed., 1908).

The Accident Insurance Law (Unfallversicherungsgesetz) is
the most important of the legislation dealing with workmen's
insurance. A partial translation of the act appears in Appen-
dix B, pages 815-820 of the Seventeenth Annual Report, 1899,
of the New York Bureau of Labor Statistics (Albany, Lyon,
1900). This same report, pages 731-939, contains an in-
structive account of the operation of the law, including sta-
tistics. The original act of 1884 applied to workmen in man-
ufacturing and mining industries, etc. By the act of May 28,
1885, compulsory accident insurance was extended to inland
transportation trades and to important departments of the
Federal and State governments, such as telegraph, army,
and navy. On May 5, 1886, sickness and accident insurance
were extended to persons engaged in agriculture and forestry.

1 Woedtke, E. von. Krankenversicherungsgesetz vom 15 Juni 1883.

Kommentar. 5th ed. Berlin, Guttentag, 1896. 625 p.

2 Petersen, Th. H. Das Krankenversicherungsgesetz vom 15. VI 1883 —

mit ausfuhrungsbestimmungen. 6th ed. Hamburg, Grefe & Tiede-
mann, 1908. 960 p.

SOCIAL INSURANCE 133

By two acts, July n, and July 13, 1887, compulsory insur-
ance was extended to persons employed in the building trades
and in navigation enterprises. Largely to secure uniformity
in administration, the accident insurance laws in practically
all industries except agriculture and forestry, were consoli-
dated on June 30, 1000, into an act now called the "Industrial
Accident Insurance Law" (Gewerbeunfallversicherungsgesetz).
It applies to workmen whose wages do not exceed 3,000
marks per annum. It is translated in the Twenty-fourth
Annual Report of the United States Commissioner of Labor,
volume 2, pages 2509-2551.

European legislation on matters of compensation for indus-
trial accidents was discussed in a memorandum in the Blue
Book, Cd. 2458, which forms volume 3 of the Proceedings of
the Departmental Committee on Workmen's Compensation,
appointed by the home secretary in November, 1903. The
report of the committee was issued in August, 1904 (Blue
Book, Cd. 2208, Article of Sir K. E. Digby, Yale Law Journal,
May, 1908, pp. 485-98). The bulletins of the United States
Bureau of Labor from time to time contain summaries of for-
eign labor laws, including laws of social insurance. Bulletin
74 (1908) reports foreign workmen's compensation acts.

Probably the most important publication on accident insur-
ance is the three volume Handbiich l issued by the Imperial
Insurance Office in Berlin (3d ed., 1909-19 10). This work
presents the legal and administrative features of accident in-
surance, the decrees and decisions of the Insurance Office, and
the model regulations as published by the Bundcsrat for the
operation of certain industries and for the prevention of acci-
dents. Prof. Robert Piloty 2 published an important work in

1 Germany, Reichs-versicherungsamt. Handbuch dcr unfallversicher-
ung . . . die Reichsunfallversicherungsgesetzc dargcstcllt \ n
mitgliedern des Reichs-versicherungsamts nach den akten dieser
behorde. 3d ed. Leipzig, Breitkopf & Hartel, 1909-10. 3 v.

:Piloty. Rob. Das reichs-unfallversicherungsrecht. Wiirzburg. Hertz,
1800-93. 3 v-

134 GUIDE TO THE LAW OF GERMANY

1890 on the history and operation of the accident insurance
laws. Dr. Woedtke * is the author of a useful commentary
on the Industrial Accident Insurance Law. The fifth edition
by Caspar was published in 1901.

The Invalidity and Old Age Insurance Law (Invalidenvcr-
sicherungsgesetz) was first passed on June 22, 1889, and was
amended in important particulars by the new act of July 13,
1899. The law in Germany is based on the contributory plan,
by which the insured person and his employer pay the princi-
pal part of the cost of the pension, although the State adds a
liberal subsidy from the national treasury. A translation of
the amended act of July 13, 1899, appeared in the British
Series of Diplomatic and Consular Reports and is designated
as No. 518 of the Miscellaneous Series of 1899. This transla-
tion, preceded by a succinct statement of the main provisions
of the act, was reprinted in Bulletin 91 (November, 1910) of
the United States Bureau of Labor, pages 966-1002. An ac-
count of the invalidity and old age pensions in Germany was
appended to the report of the Gainsborough Commission on
"Life and labour in Germany" (London, 1907). An impor-
tant commentary on the act of July 13, 1899 was written by
Drs. Gebhard2 and Diittman, second edition, 1901, with sup-
plement 1906. Another recent treatment of the subject is
undertaken by Dr. K. Trutzer.3

On April 2, 1909, the imperial chancellor proposed certain
changes in the Accident, Sickness and Invalidity Insurance
Acts. These proposed reforms are reported on pages 1 052-1058

1 Woedtke, Erich von. Unfallversicherungsgesetz. In der fassung des
gesetzes, betreffend die abanderung der unfallversicherungsgesetze,
vora 30. juni 1900 als Gevverbe-unfallversicherungsgesetze neu bearb.
von F. Caspar . . . Berlin, G. Reimer, 1901. 722 p.

3 Gebhard, H. u. Diittman, A. Kommentar zum invalidenversiche-
rungsgesetz. 2nd ed. Altenburg, St. Geibel, 1901. 879+358 p.
Supplement 1906.

3 Trutzer, K. Invalidenversicherung. Reichsgesetz vom 13 July 1899.
2nd ed. Ansbach, C. Briigel & Sohn, 1907. 885 p.

INDUSTRIAL CODE AND LABOR LAWS 1 35

(accident), 1211-1216 (sickness), and 1399-1407 (invalidity) of
the Twenty-fourth Annual Report (1909) of the United States
Commissioner of Labor. These proposed changes have now
been to a large extent incorporated in the new Insurance Code
(supra). A small work by Prof. Stier-Somlo ' of Bonn, deal-
ing with the latest developments of the law for the protection
of workmen has recently been published.

Up to the present time there is no imperial or State system
of insurance against unemployment. At present, relief against
unemployment is undertaken by three different classes of
institutions: first, those subsidized by municipalities; second,
those created by employers for their own establishments; and
third, those conducted by trades unions and similar organ-
izations. An excellent discussion of the subject of unem-
ployment insurance in Germany appears in the Twenty-fourth
Annual Report (1909) of the Commissioner of Labor, pages
1444 et seq. An important contribution on unemployment
insurance and other phases of the subject of unemployment
was prepared by W. D. P. Bliss under the title What is
done for the unemployed in European countries. Among other
countries, Germany is given a prominent place. The mono-
graph appears in Bulletin 76, May, 1908, of the United States
Bureau of Labor, pages 741-934. A bibliography of unem-
ployment and the unemployed was compiled by F. I. Taylor
(London, King, 1909). A useful discussion of the questions
relating to unemployment was published by Prof. M. Wagner,
Beitrdge zur jrage der arbeitslosen-fiirsorge in Deutsckland
(Berlin, 1904).

INDUSTRIAL CODE AND LABOR LAWS

In close relation to t Ik-si- laws for the protection of work-
men is the general Industrial Code (Gcurrhcordnung), regu-

1 Stier-Somlo, F. Die neuestc cntvvickt-lung des deutschen gevvcrbe
u. arbeiterschutzrechts. Niirnberg, U. W. Scbald, 1910. 114 p.

136 GUIDE TO THE LAW OF GERMANY

lating the conditions and activities of tradesmen and the
working class as a whole. This code contains the greater
portion of the labor laws of the German Empire. The In-
dustrial Code was first enacted on June 21, 1869, as a law of
the North German Federation. In 1871 and 1872 it was
introduced into the various States of the Empire, with the
exception of Alsace-Lorraine, where it went into effect in
1887. Keeping pace with the constant growth in the indus-
trial development of Germany, important amendments to
the Industrial Code have been enacted. The years 1890 and
1 891 witnessed a great number of laws for the protection of
the laboring classes. Industrial courts were established by
the law of July 29, 1890. On March 30, 1903, an impor-
tant act for the protection of children and the regulation of
child labor was passed, and another important act of January
7, 1907, applied to conditions in the building trades. The
original code, therefore, has been greatly amended. The
code with its amendments of May 30, and July 12, 1908, is a
very comprehensive one, embodying regulations concerning
the operations of all kinds of industrial enterprises, especially
treating of the relations between employer, employed, and
the public. It includes within its provisions all handicrafts-
men, skilled laborers, and factory workers; persons engaged in
commerce and trade and transportation enterprises of all
kinds; and, in general, individuals and institutions serving
the public, such as innkeepers, barbers, groceries, sani-
tariums, etc. For the code to apply, the occupation, as
a rule, must be for profit, or used as a means of livelihood.
The code excludes from its provisions industries engaged in
working the natural products of the land or sea, for example,
fishing, mining, agriculture, forestry, etc.; nor does it apply
to those engaged in the fine arts, such as photographers and
architects, nor artists generally, such as actors, musicians,
etc. Educators, physicians, lawyers and public officers are

INDUSTRIAL CODE AND LABOR LAWS 1 37

excluded, as are also domestic servants. The code is divided
into the following parts: General provisions; permanently
located industrial occupations, including their administra-
tion and regulation and general legal position; industries
which require travel, their administration, regulation, etc.;
markets and fairs; taxation, guilds and unions; workmen's
associations; industrial workers of all kinds, including appren-
tices, women and children in factories, etc. (though here the
provisions of the Commercial Code also have some applica-
tion); workmen's relief and savings bank societies; and
lastly, criminal provisions.

The Federal Council {Bundesrat) has the power to draw up
detailed regulations for the management and operation of
particular industries. These orders and regulations are pub-
lished in the Rcichsgesetzblatt. Where the Bundesrat fails to
exercise its power, the central authorities of the State (Lamdes-
Centralbehorden) may draw up the regulations for their local
industries. These are published in the Official Gazette
(Regierungsblatt) of the State.

The labor laws of Germany were discussed by Dr. W. \Y.
Willoughby in an interesting monograph in Bulletin 27
(March, 1900) of the United States Bureau of Labor, pages
314-379. A British parliamentary commission appointed to
study foreign labor conditions published the results of its
investigations in 1893. They appear in the Parliamentary
Papers under the head, Royal Commission on Labor, Foreign
Reports. The fifth volume deals with the labor conditions
and laws of Germany. The child labor legislation of foreign
countries is discussed in an important monograph by Prof.
C. \V. A. Veditz, published in Bulletin 89 (July, 1910) of the
United Stales Bureau of Labor. Germany is dealt with in
pages 231 to 312. Pages 275 to 397 of the Twelfth Special
Report of the United States Commissioner of Labor on Coal
Mine Labor in Europe, deals with mine labor and mining

138 GUIDE TO THE LAW OF GERMANY

laws of Germany. Bulletin 20 of the United States Bureau
of Labor deals with railway labor in Europe; one section of
the monograph is devoted to conditions in Germany. An
English translation of the more important foreign labor laws
may be found in the English edition, published since 1906,
of the Bulletin of the International Labor Office.

The leading work on the Industrial Code, is the exhaus-
tively annotated commentary by Dr. Robert von Landmann,1
with the cooperation of Gustav Rohmer. It is published in
two volumes, the sixth edition of which appeared in 1911.
Another popular work on the subject is that by Judge Ernst
Neukamp,2 the ninth edition of which was published in 1910.

Industrial courts for the adjudication of questions between
such kinds of employers and employees as are covered by the
Industrial Code were established by the act of July 29, 1890,
amended June 30, 1901 (promulgated Sept. 29, 1901). The
operation of "industrial courts of Europe" is described by
Miss Sumner in Bulletin 98 of the United States Bureau of
Labor. A large part of the monograph deals with the juris-
diction and procedure of the industrial courts of Germany.
A good commentary on the act of 1890, covering as well the
related statutes concerning fees and other matters, was pub-
lished in 1902 by Dr. M. von Schulz,3 president of the indus-
trial court at Berlin. Aside from general collections of deci-
sions, the decisions of these industrial courts appear in two
publications, a monthly periodical entitled Das Gewerbege-
richt, and the Mitteilungen des gewerbegerickts Berlin (Soziale
praxis, Centralblatt fur Sozialpolitik, which report the decisions

1 Landmann u. Rohmer. Kommentar zur gewerbeordnung fiir das

Deutsche Reich. 6th ed. . . . Miinchen, C. G. Beck, 1911. 2 v.

2 Neukamp, Ernst. Gewerbeordnung fiir das Deutsche Reich, gth ed.

Tubingen, Mohr, 1910. 684 p.

3 Schulz, M. von. Gewerbegerichtsgesetzinderfassungderbekanntmach-

ung vom 29. September, 1901, erlautert. Berlin, O. Haring, 1902.
297 p.

LABOR LAWS T39

of the principal court, at Berlin). The decisions are not
officially reported, as in Austria.

The general position of the workman in his relation to the
Industrial Code, the laws for compulsory insurance in its
various branches, and other relevant matters contained in
the Civil and Commercial Codes, are often treated under the
general title "Workmen's law" (Arbeiterrccht) or labor con-
tract i .4 rbe 1 1 s vertrag) .

An important feature of German labor contracts is the
so-called Tarifvt rtrag, or collective agreement between the
workmen in a certain trade and their employer, the object of
which is to regulate the conditions of the employment, wages
etc. The legal and economic operations of this kind of joint
agreement are exhaustively treated in an official publication
of four volumes entitled Der tarifvertrag im Deuischen Reich,
compiled and edited in the Kaiserlickes Statistisches Ami
(Berlin, Hermann, 1906-1908). They constitute Nos. 3, 4. 5
and 8 of the Beitrdge zur arbeiU r-statistik. In a recent French
article " I.e contrat collectif de travail et les auteurs allemand "
(Revue trimestrielle de droit civil, July-September, 1 91 1 , vol. 1 1 ,
pp. 581-601), Dr. Jean Lerov discusses a recent Belgian work
by Yalere Claes ' on the subject of the collective labor con-
tract in Germany. Attention is called to the work because it
discusses critically and from a comparative point of view, tin-
opinions and doctrines of the leading German authorities on
the subject. The German workman is employed either on a
piece wage (. ikkordvertrag) or on a time wage (Zcitlohn). Both
types of labor contract, individual and collective, are treated
in an important work by Paul Wolbling 2 (1908). The leading
work on the general subject of the labor contract is the two

1 Valere Clars, Le contrat collectif de travail. Sa vie juridique en

AJlemagne. Bruxelles, A. Dewit, igio.
-'Wolbling. Paul. Der akkordvcrtrag u. der tarifvertrag. Berlin, Gut-

tentag, 1908. 482 p.

140 GUIDE TO THE LAW OF GERMANY

volume edition by Phillip Lotmar * entitled Der arbeitsvertrag,
the second volume of which was published in 1908. Arthur
Stadthagen,2 a member of the German Reichstag, is the author
of a popular work on labor law. All aspects of the rights and
duties of the workman in Germany are dealt with. A large
volume, edited by F. Nelken,3 contains a critical discussion
and commentary on the laws for the protection of skilled
workmen and laborers in Germany, particularly as set forth
in titles 6 and 7 of the Industrial Code. A dictionary of labor
law by Elster,4 published in 1910, is useful for ready reference.
A supplement covering the Insurance Code has just been
published (1912).

CIVIL PROCEDURE

Cude of civil Civil procedure in Germany is governed by the Code of

Procedure

Civil Procedure (Zivilprozessordnung) and the Judiciary Act
(Gerichtsverfassungsgesetz) , both enacted in 1877. A draft
Code of Civil Procedure was first prepared in 1 870 by a parlia-
mentary commission. In 1871 a new commission of ten
jurists was apppointed to prepare the draft of a code for the
entire Empire. After the commission had reported its draft
in March, 1872, it was submitted to the Bundesrat, and later
to the Reichstag, and on January 30, 1877, it was promulgated
as the Code of Civil Procedure of the Empire. Three days
previously, a Judiciary Act, revising the system of courts in
the Empire, had also been enacted into law. Both these

1 Lotmar, Ph. Der arbeitsvertrag. Leipzig, Duncker & Humblot,

1902-08. 2 v.
Stadthagen, Arthur. Das arbeiterrecht, erlautert. 4th ed. Stuttgart,

J. G. Dietz nachf, 1904. 626 p.
Nelken, F. Die deutschen handwerker- und arbeiterschutz-gesetze

(titel VI und VII der Gewerbeordnung) nebst den reichsrechtlichen

ausfuhrungsbestimmungen. Mit erlauterungen hrsg. von F. Nelken.

Berlin, J. Springer, 1901. 1176 p.
4 Elster, Alexander. Lexikon des arbeiterrechts. Jena, Gustav Fischer,

1910. Suppl. 1912.

CIVIL PROCEDURE 141

important statutes were amended on May 17, 1898, as part
of the general legislative reform movement of that year.
The draft of a new code for the organization of the courts is
now before the Biendesrat, and the reform movement (infra)
indicates that within a few years a draft of a new code of civil
procedure will be prepared.

A number of statutes bear close relation to the Code of Civil
Procedure, the principal one of which is the Judiciary Act
just mentioned. Procedure in bankruptcy cases is regulated
by the Bankruptcy Act of 1877, as amended 1898. The act
of July 1, 1878, regulating the practice of attorneys at law
(Rechtsanwaltsordnung) and the act of July 7, 1879, regulating
attorneys' fees (Gebiihrenordnnnq fur RechisanwaUe), are both
of importance. The act of June 18, 1878, regulating costs in
courts of justice (Gerichtsgebuhrengesetz) also directly concerns
civil procedure.

The Code of Civil Procedure is divided into the following
sections: Book I. general provisions, courts and their juris-
diction; Book II, procedure in district and superior courts;
Book III, appeal and review; Book IV, re-trial and rehearing;
Books Y-VII, procedure in special matters such as negotiable
instruments, matrimonial causes, and summary claims; Book
V11I, execution of judgments; Book IX, protection against
unknown claims caused by lost instruments, etc.; Book X,
arbitration. The code consists of 872 articles.

The Judiciary Act provides for the establishment, distri- Judiciary Act
bution and jurisdiction of tin- courts. I >n the civil side, four
grades of courts are provided for; (1 ) district or lower courts
(Amtsgerickte) ; (2) superior courts (Landesgerichte), certain
sections of the Lamlfxgt richtc also acting as commercial courts
(llii)uli /w/i / u lit, 1 ; (3) courts of appeal (Oberlandesgerichte)
and (4) tin- imperial supreme court (Reichsgerichi) at Leipzig.
This last court was the successor of the Oberhandelsgericht, a
tribunal which had been established in 1871, largely because

142 GUIDE TO THE LAW OF GERMANY

of the apprehended danger that the Bills of Exchange Act and
Commercial Code which had been made uniform, would be
broken up into several systems by conflicting interpretations
in State courts. The jurisdiction of this highest tribunal was
also considerably increased. Bavaria occupies an exceptional
position in its highest court, in that it has established an
Oberstlandesgericht having appellate jurisdiction in civil cases
over the Oberlandesgericht, which appellate jurisdiction for the
rest of the Empire resides in the Rcichsgericht.

An excellent article on the German Code of Civil Procedure
was published by H. A. D. Phillips in the Law Magazine and
Review, fourth series, volume 21 (1895-6), pages 267-285.
He traces German civil procedure from its origin in the Salic
law, through feudal procedure, to the present code (before its
1898 amendment). He describes the different systems in
force before the new code was enacted and gives a summary
of the principal features of this code, for comparative pur-
poses citing the French, Italian, and Indian codes. In the
course of two articles by Simeon E. Baldwin, the first of which
was published in the Michigan Law Review, volume 8 (Novem-
ber, 1909), pages 30-38, a law suit in the lowest court of first
instance (Amtsgericht) is described in some detail; in the
second article, published in the Yale Law Journal, volume 19
(December, 1909), pages 69-79, a law su^ is described in the
Landesgericht or superior court, where the parties are repre-
sented by attorneys. The basis for both articles is the little
work of Dr. Hermann Meyer, Anleitung zur prozess praxis in
beispielenan rechtsfdllen (8th ed., Berlin, Vahlen, 1910).
judiciary Act Grades and jurisdiction of criminal courts are likewise pro-
vided for in the Judiciary Act. The lowest court is the
Schoffengericht , consisting usually of one professional and two
lay judges; next in order follow the Landesgericht on its crimi-
nal side (Strafkammer); the Sckwurgericht or jury court, a
division of the Landesgericht; the Oberlandesgericht or court of

JUDICIARY ACT I43

appeal; and the Reichsgerichi or Supreme Court. Two able
articles on the German judiciary by Prof. J. W. Garner were
published in the Political Science Quarterly, volume 17 (1902),
pages 490-514, and volume 18 (1903), pages 512-530. The
first of these articles gives a general history of the Act, its
constitutional position, and a detailed sketch of the judicial
hierarchy. The second discusses general phases of German
judicial service and procedure, and judicial power, or the con-
stitutional rights of the courts. Important articles by J. J.
Cook, entitled, "Judicial system in Germany" appeared in the
Juridical Review, volume 1 (1889), pages 70-80, 184-192,
298-306. They contain a descriptive account of the bench
and bar in Germany, the courts and their competence, and
a detailed description of each court both of civil and
criminal jurisdiction. Judge Karl von Lewinski, who became
favorably known to many American lawyers during the two
years he spent in this country studying American procedure
in the interest of Leske-Lowenf eld's Rechtsverfolgung im inter-
nationalen verkehr, published an interesting article on "Courts
and procedure in Germany." It appeared first in the Illinois
Law Review, volume 5 (November, 1910), pages 193-202,
and was subsequently reprinted in the American Legal News,
Law Student's Helper and Canadian Law Times. The judicial
system of Germany was discussed in an article by Richard
Hudson, published in the Michigan Law Review, volume 1
(1902), pages 121-126. The subject was also discussed by J.
Kopclke in an article published in the Albany Law Journal,
volume 21 (1880), pages 66-69, 167-168. It may not be
amiss here to mention an instructive French article containing
an exhaustive analysis of the Judiciary Act by L. Dubarle in
the Bulletin de la Soci£te de Legislation Comparee, volume 5
(1876), pages 103-150. M. Dubarle1 also translated and

1 Dubarle, L. Code d 'organisation judiciaire allemand (27 Janvier 1
Paris, Imprimerie nationale, 1885. 2 v

T44 GUIDE TO THE LAW OF GERMANY

edited the Judiciary Act for the French Government, which
published the work in two volumes. Its historical introduction
and its notes command special notice. In an article pub-
lished in the Journal of the Society of Comparative Legislation,
volume i , new series (1899), pages 75-80, Julius Hirsehfield,
under the title "A few legal facts from Germany," describes
German judicial organization, procedure in appeal cases, court
costs, fees, and related questions. In a short article by Julius
Hirschfeld, entitled "German courts at work," printed in the
July, 1 91 1 number of the Journal of the Society of Comparative
Legislation (pp. 1 49-56) , there is presented a succinct account of
German ;r dicial organization, with special reference to Prussia.
It includes brief judicial statistics for 1909, a few salient points
of procedure and the relation of the bar to the administration
of justice. Occasional comparisons with the English system
are made. C. W. Ernst in an article entitled "Law reforms
in Germany," which appeared in the American Law Review,
volume 18 (1884), pages 801-813, discusses the jurisdiction
of the German law courts under the Judiciary Act of 1877,
emphasizing, incidentally, the position of the legal profession
in its relation to the courts.
Code o( civil A convenient annotated edition of the Code of Civil Pro-

Procedure _ .

cedure was published by Judge Hugo P reudenthal 1 of the
court of appeal. He takes account of the amendments of 1 898,
together with the statutes of June 5, 1905 and June 1, 1909,
which latter act, among other important changes, increased
(he jurisdiction of the district courts and amended the regu-
lations as to attorneys' fees. A book introducing students to
the practise of civil procedure was written by Prof. Hermann

1 Freudenthal, Hugo. Civilprozessordmmg in der fassung der bekannt-
niachung vom 20. mai 1S98 und der gesetze vom 5. juni 1905 und
1 juni 1909, nebst dem Einfiihrungs-gesetz. 3rd ed. Miinchen,
C. G. Beck, 1910. 1064 p.

CIVIL PROCEDURE 145

Pitting,1 of Halle, the twelfth to thirteenth edition of which
was published in 1907, with a supplement treating the amend-
ment of June 1, 1909. The Code of Civil Procedure was also
translated and published under the direction of the French
Government; the work is edited, with notes, by Glasson,2
Uederlin, and Dareste,

Several excellent commentaries on the code have made their
appearance. The one most frequently used is that known as
the Gaupp-Stein Kommentar? It appeared originally in 1899;
in 1910 the first volume of the tenth edition was published.
New editions of this commentary, as of the other standard
works in Germany, appear every few years. Another well-
known commentary is that by Prof. vSeuffert,1 of Munich, the
eleventh edition of which has recently been issued. Another
popular commentary in Germany, the ninth edition of which
appeared in 1910, is edited by Struekmann "' and Koch, pre-
siding judge of the court of appeal, and privy councillor,
respectively, assisted by a number of other judges. Dr.
Julius Petersen" is the author of a commentary (5th ed. by
Remele and Anger, 1904-1906; supplement, 1910), which

1 Fitting, Hermann Heinrich. Der reichs-civilprozess. 12 und 13 ed.

Berlin, J. Guttentag, 1907. 798 p. Die neuerungen der novelle

zur civilprozessordnung vom 1. juni 1900, als nachtrag. Berlin, J.

Guttentag, 1900. 53 p.
'Germany. Code de procedure civile pour ['empire d'Allemange (30

Janvier 18-71, traduit et annote par K. Glasson . . . E. Lederlin . . .

]■'. R. Dareste . . . Paris, [mprimerie nationale, 1887. 354 p.
Gaupp, Ludwig. Die civilprozessordnung fur das Deutsche Reich.

Auf der grundlage des kommentars von I.. Gaupp, erlautert von

Friedrich Stein. 10th ed. Tubingen, J. C. B. Mohr, 1 1'. Si.

[910-1912. J v.
'Seuffert, Lothar. Kommentar zur civilprozessordnung. nth ed . .

Mum-Inn, C. H Bed [910-11. 2 v.

■ Struckmann, J. & Koch, K 1 >ie /is ilprozessordnung fur das I leutsche
Reich. 9th ed. Berlin, Guttentag, 1910. i-'ioji.

8 Petersen, Julius. Die civilprozessordnung fur das Deutsche Reich.
5th ed. bearb von Ivnisi Remele . . . (und) Dr. Ernst Anger. . .
Lain, M. Schausenburg, mot 06. 2 v. Supplement, 1910.

1 1 ■ 10

I46 GUIDE TO THE LAW OF GERMANY

contains prolific annotations, notes and discussions, with fre-
quent references to the history and sources of the various
sections of the code; decisions of State courts are also noted.

Several well-known treatises on civil procedure deserve
notice. Prof. J. J. Planck1 of Munich is the author of .a
work which gained high scholarly recognition, but is now
slightly antiquated. Historically and as a philosophical
work it is important. Engelmann's3 two volume GeschichU
und system is a prominent work on the historv of civil pro-
cedure. The second volume is to be translated into English.
(See footnote, p. 46.) An important treatise on the subject
is that by Prof. R. Schmidt,3 of Freiburg. In its supplement
of 1910, it covers the district court amendment of June i,
1909, and the supreme court amendment of May 22, 1910.
These were both amendments to the Judiciary Act, that
of 1 910 simplifying procedure in appeals to the supreme
court. A scholarly work on the law of civil procedure is from
the pen of Prof. Konrad Hellwig,'' of Berlin. Up to 1909,
two volumes and the first part of volume 3 had been pub-
lished. It examines the more difficult problems of civil pro-
cedure and is valuable for its critical discussions. Prof.
Hellwig 5 has also published an interesting work on pro-
cedure under the title Anspruch und klagrecht. A second
reprint edition of this work appeared in 1910. The history

1 Planck, Johann Julius Wilhelm von. Lehrbuch des deutschen

civilprozessrechts . . . Nordlingen, C. H. Beck, 1887-1S96. 2 v.

2 Engelmann, A. Der civilprozess; Geschichte und system. Breslau,

Koebner, 1889-1895. 2 v.

3 Schmidt, Richard Karl Benihard. Lehrbuch des deutschen zivil-

prozessrechts. 2d ed. Leipzig, Duncker & Humblot, 1906. 11 13
p. Die neuerungen im zivilprozessrecht. Nachtrag zur zweiten
auflage. Leipzig, Duncker & Humblot, 1910. 100 p.

4 Hellwig, Konrad. Lehrbuch des deutschen civilprozessrechts.

Leipzig, A. Deichert nachf., 1903-1907. 1-3 v.

5 Hellwig, K. Anspruch u. klagrecht. 2d ed. Leipzig, Deichert,

1910. 530 p.

CIVIL PROCEDURE 147

of civil procedure has been dealt with in a number of articles
edited in a two volume edition by Prof. Kohler.1 A work
dealing with questions of procedural reform in Germany was
published by Dr. W. Peters.3 It is a comparative study of
English and German procedure, in the course of which a
survey is presented of German procedure and its defects.

The German reform discussions centering around the
interpretation and application of the written law by the judge
(Rechtsanwendung) have given rise to many thoughtful and
critical monographs, among which those by Adickes and
Diiringer deserve special mention. A review of Adickes'
Zur verstandigung titer die jusHzreform in the Journal of
Criminal Law, volume 2, July 1911, page 311, gives the
principal ideas of thai noted reformer. "Attention is again
directed to Prof. Pound's article (Annual Bulletin of Com-
parative Law Bureau, 1908, pp. 31-36), in which the attitude
of the three current schools of legal thought on this question
of procedural reform is described {supra, p. 33). As an
example of the thoroughness with which German legislation
is undertaken we may mention the proposed reform in civil
procedure. In preparation for this undertaking a seven
volume work on the law of civil procedure in the more impor-
tant States of the world is to be prepared by Prof. Jos.
Kohler, Prof. Mendelssohn- Partholdy. Prof. Pagenstecher,
and Prof. Wach.

The jurisdiction of German courts is strictly defined. The
procedure and circumstances under which the assistance of
other German and foreign courts may be invoked in the
administration of justice is known under the name of
Recktshilfe. It includes such matters as service of process in

1 Beitrage zur geschichte des biirgerlichen rechtsganges, lirst;. v. Jos.

Kohler. Berlin, E. Weber, mo; 1007. 2 v.
1 Peters, Wilibald. Das englische burgerliche streitverfahren und die

deutsche zivilprozessreform. Berlin, P. Vahlen, 1908. 149 p.

148 GUIDE TO THE LAW OF GERMANY

foreign jurisdictions, the issuance of letters rogatory and the
effect and execution of foreign judgments. These matters
are regulated in part by section 13 of the Judiciary Act of
1877, and by section 2 of the act of May 17, 1898, concerning
noncontentious jurisdiction. As to foreign courts, the matter
is largely regulated by the treaties of the German Empire,
especially by the Hague conventions of November 14, 1896
and July 17, 1905, on civil procedure and by the general princi-
ples of private international law as found in the Introductory
Act to the Civil Code. Consular jurisdiction is also of impor-
tance in this connection. The entire matter concerns
particularly the legal position of foreigners before the courts.
The leading work on the subject is the Handbuch des
rechtshilfeverjahrens by Dr. Hans Delius1 (fourth edition,
191 1), founded on the work of Ferdinand Bohm, which was
published under the same general title in 1886. Merchants'
courts (Kaujmannsgerichte), for the arbitration of questions
arising between merchants were established by the law of
July 6, 1904. A commentary on this law was published in
1905 by Dr. M. von Schulz.2

Execution against movables is governed by Book VIII
of the Code of Civil Procedure. According to section
869 of this code, execution against real property is to- be
governed by a special statute. This statute was enacted on
March 24, 1897, and promulgated with the other procedural
codes and laws on May 20, 1898; it follows very closely the
provisions of the earlier Prussian statute. An important
commentary on the act, which concerns forced sale {Zwangver-
steigerung) and sequestration (Zwangsvcrwaltung) in execution
proceedings against real property is that by Judge Theodor

1 Delius, Hans. Handbuch des reehtshilfeverfahrens im Deutsehen
Reiche sowie in und gegeniiber dem auslande. 4th ed. Niirn-
berg, Sebald, 1911. 53g p.

1 Schulz, M. v. Das reichsgesetz, betreffend kaufmannsgerichte vom
6 juli rqo4, erlautert. Jena, G. Fischer, 1905. 385 p.

COSTS AND FEES 1 49

Wolf.1 Many regulations and details of procedure in the
matter of execution were left t<> State legislation, and the
author in his commentary takes note of the Prussian, Bava-
rian and Saxon regulations under the appropriate paragraphs
of the imperial statute. The Prussian Ausfukrungsgesetz is
particularly commentated. Another useful commentary with
an historical introduction, tracing the subject from Roman
law to the present imperial statute, was prepared by Prof.
Otto Fischer,- of Breslau; the second edition appeared in
1910. Prussian law is also given a prominent place in this
work. A commentary frequently used by lawyers is that of
Dr. P. Jackel,3 the fourth edition of which by G. Giithe was
published in 191 1. One of the best systematic treatments of
the subject is contained in a work by F. Kretzehmar.'

The law of costs is naturally associated with the law of pro- ccsuand Fees
cedure. The law on this subject is governed by four statutes
dealing, respectively, with costs and fees for witnesses and
experts, court costs, sheriffs' fees, and attorneys' fees. The
present statutes regulating court costs came into force on
January 1, 1900. They were substantially amended by an act
of June 1, 1909, which became effective April 1, 1910. The
law on tin- subject, including its new amendments, is treated
in two commentaries, the one by Or. Pfafferoth, of the
Department of Justice, which reached :i ninth edition at the

'Wolf, 'I'll. «lor. Das reichsgesetz Qber die zwangsversteigerung und
zwangsverwaltung, Erlautert, 3d ed. Berlin, C. Heytnann, ioog.

66S 1 1

Fischer, otto Die gesetzgebung, betreffend die zwangsvollstreckung
in das unbewegliche vermSgen im reiche und in Preussen; bearb.
vim Dr. O. Fischer . . und Dr. L. Schaefer . . . Berlin, J.
( luttentag, 100.?. -^.\ p

3 Jacket, P. Kommcntar zum zwangsversteigerungsgesetz. (lli ed., by

G Giithe. Berlin, Vahlen, 1911. 875]).

4 Kretzehmar, V. Das rcichsgesct/ iiber die zwangsversteigerung u. die

zwangsverwaltung. Leipzig, Die terich, 1004. 434 p.
' Pfafferoth, Carl. Das dcutsche gerichtskostenwesen. 9th ed. Berlin,
C. Heymann, 1009. 523 p.

150 GUIDE TO THE LAW OF GERMANY

end of 1909; the other by Otto Rittmann,1 assessor of costs in
the Alsace Ministry of Justice, which appeared in the same
year. The question of costs in every form of action is dealt
with. The procedure for establishing and fixing costs, as well
as the amended statute for regulating the fees of attorneys is
I he subject of an important work by Dr. W. Willenbucher,2
judge of the court of appeal. The seventh edition by Simeon
and Fischer was published in 1910. The amendment of the
original act of 1879 to regulate attorneys' fees, including
the acts of June 1, 1909, and May 22, 1910, receive attention.
The various German States retain jurisdiction over certain
detailed regulations concerning attorneys' fees, and the
State statutes, which really supplement the imperial legis-
lation on the subject, are also covered by the work. The
chapters on the imperial law are in the form of a commentary.
Attorneys at An article by Dr. Otto Simon, giving a brief account of the

Law

social position of the German lawyer and his code of ethics,
appears in the Green Bag, volume 22 (July, 1910), pages
391-393, and is reprinted in the American Legal News of
that month and in the Law Student's Helper for September.
The leading commentary on the statute governing attorneys-
at-law, is that edited by Adolf and Max Friedlander,11 which
appeared in 1908.

Two important periodicals dealing with civil procedure are
the Archil1 fur tin civUistische praxis* founded in 1818, and

1 Rittmann, Otto. Das deutsche gerichtskostengesetz, erlautert . . .

4th ed. Mannheim und Leipzig, J. Bensheimcr, 1909. 648 p.
-' Willenbiicher, W. Das kostenfestsetzungsverfahren u. die deutsche

Gebtihrenordnung fur reehtsanwalte nebst die landesgesetzlichen

vorschriften in Preussen, Bayern. Sachsen. Wiirttemberg u. Baden.

7th ed.. by Simeon S: Fischer. Berlin, Midler, 1910. 349 p.

3 Friedlander, A. & M. Kommentar zur rechtsanwaltsordnung vom 1.

juli 1878. Mi'tnchcn. J. Schweitzer, 1908. 371 p.

4 Archiv fur die civilistische praxis, edited by Heck, Pumelin, Wondt,

Biilow & Kohlhaas. Tubingen, Mohr. i8i8andcont.

NONCONTKNTIOUS JURISDICTION I SI

the Zeitschrifi fur deutschen zivUprozess,1 now edited by
Schultzenstein and Vierhaus, volume i of which appeared in
1879.

NONCONTENTN 'IS JURISDICTION

Under this term the Germans include such action by public
authorities, either courts or notaries, as is necessary to give
official sanction to legal rights or to create them. It maybe
called ex parte procedure. It is invoked in such cases as the
following: the appointment of a guardian or administrator,
the probate of a will, the registration of documents such as
deeds and mortgages and other real estate transactions, the
registration of various kinds of contracts, such as marriage
contracts and commercial agreements, the registration of
trademarks and designs, and in a great number of other special
cases which may be grouped under the general head of the
judicial authentication of legal instruments. In these matters,
the court usually acts in an administrative capacity.

Noncontentious jurisdiction is provided for in the Act of
May 17, 1898, in the Land Registry Act of March 24, 1897
(Grundbuchordnung), in the Civil Code (the authentication of
wills), in the Commercial Code (in tin- matter of registering
certain kinds of associations), in the Trademark Act, and in
other statutes. The jurisdiction is vested almost exclusively
in the hands of the district courts, with appeal to the Superior
courts, and for error in law, to the court of appeal, whose
jurisdiction is final. An excellent article 011 the subject of
noncontentious jurisdiction in Germany was published by
Judge Walter Neitzel, a collaborator of Judge von I.ewinski
in the I.cskc Lowenfeld publication {supra, p. 14.1). It
appears in the Harvard Law Review, volume 21 (ic>o8), pages
476-494. Probably the best commentary on the subject is

1 Zeitschrift fur deutschen zivUprozess mid dasverfahren in iinge-Iegen-
heiten det freiwilligen gerichtsbarkeit . . . 1879-1910. 40 v. Ber-
lin, C. HiYin.mn, 1879 and cont.

152 GUIDE TO THE LAW Of GERMANY

that by Schultze-Gorlitz ' and Oberneck, which annotates
fully both the imperial and the Prussian law as enacted in the
Ausjuhrungsgcsetz of September 21, 1899. J. Rausnitz 2 pub-
lished a useful commentary on the subject which appeared in
1900. A handy annotated edition of the law was prepared
by Dudek 3 and Lindemann, the second edition of which
appeared in 1908. All the sections relating to noncontentious
jurisdiction in the other codes and statutes which have been
mentioned, as well as the Prussian Ausfiihrungsgesetz receive
careful attention.

Notarial law bears a most intimate relation to nonconten-
tious jurisdiction. Form books for the notary and adminis-
trative officer in noncontentious matters are published fre-
quently in new editions. The one in most general use is the
two volume work by Jastrow.4 Two other form books of good
reputation are edited respectively by Weissler5 and by Gold-
maiin and others.6

The decisions in matters of noncontentious jurisdiction
together with land registry decisions are published in a vol-
ume edited annually by the Department of Justice.7

1 Schultze-Gorlitz, R. u. Oberneck, H. Gesctz iiber die angelegenheitcn

der freiwilligen gerichtsbarkeit. Berlin, Hermann, njoo. 2 v.

2 Rausnitz, J. Das reichsgesctz iiber die angelegenheitcn der freiwilligen

gerichtsbarkeit. Berlin, !•'. Vahlen, iyoo. 384 p.
* Dudek, H. & Lindemann, O. DasreichsgesetziiberdicangelegenheiUn
der freiwilligen gerichtsbarkeit, unter mitwirkung von Eugen Ebcrl.
. . . erlautert von Heinrich Dudek . . . (und) Otto Linde-
mann . . . 2d ed. Breslau, M. & H. Marcus, 1908. 535 p.

4 Jastrow, Hermann. Formularbuch und notariatsrecht. Im anschluss

an das C. F. ICoch'sche Formularbuch. bearb. von Hermann Jas-
trow . . . 15th ed. Berlin, J. Guttcntag, iyio. 2 v.

5 Weissler, Adolf. Formularbuch fur freiwillige gerichtsbarkeit, . . .

12th ed. Berlin, C. Heymann, 1911. 444 p.

6 Formularbuch ftir die freiwillige gerichtsbarkeit. Auf veranlassg.

des Berliner Anwaltvereins hrsg. v. R. Goldmann, E. Heinitz, W.
Loewenfeld, J. Rausnitz. 3 ed. Berlin, C. Heymann, 191 1. 974 p.

7 Entseheidungen in angelegenheiten der freiwilligen gerichtsbarkeit

u. desgrundbuchrechts. Hrsg. im Reichsjustizamt. 11 v. and index
to v. 1-10. Berlin, Puttkammer & Muhlbrecht, 1900 and cont.

CRIMINAL LAW 153

CRIMINAL LAW

Criminal law by customary legal classification is a division
of public law. However, as works dealing with public law
usually exclude criminal law from treatment it is considered
advisable to discuss criminal law at this point.

The Romans made no great distinction between civil and
criminal law. Nevertheless they were far advanced in their
notions of public prosecution and punishment of crimes, and
the penetration of their ideas into ecclesiastical law gave
definite shape to the theory that crime was a sin against God.
German criminal law consisted in the Middle Ages of the old
Roman law developed and remolded by the Italian jurists to
suit the needs of more modern times. This period of develop-
ment reached a definite climax in the publication by the Baron
of Schwarzenberg of the Constitutio Criminalis Bambergensis
which in turn became the model for the Constitutio Criminalis
Carolina, the criminal code of Kmperor Charles Y, enacted in
1532. This code was the fundamental criminal law of Ger-
many up to the nineteenth century. It lias exercised a per-
manent influence on German criminal law. The best edition
of both the Bambergensis and the Carolina Codes is thai by
Profs. Kohler ' and Scheel, published in 1900. A work deal
ing with the sources of criminal law apart from the Carolina
Code was edited by Prof. Kohler' and published in Mannheim
(1907-19'")). An excellent history of German criminal law
was published by the celebrated Prof, von Bar,' of Gottin
His Gest kit hte des deutsi In >i ttrafn chis which appeared in 1882

' Carolina cunstilutio criminalis. Die peinliche gericlilsonlnuug Kaiser
Karls V. Kritiseh hrsg. von J. Kohler . unci Willy Scheel

. . . Halle, Buchhandlung des Waisenhauses, jyoo. ir>; p.
lien zur geschichte des strafrechts ausserhalb des Caxolinakreises.
Herausgegeben van Kohler. Mannheim, J. Bensheimer, kjo;

3 liar, L. v^n. Handbuch des deutschen strafrechts lid. [.Geschichte
des deutschen strafrechts. u. der strafrechts-theorien. v. 1. Berlin,
Weidmann, 1882. 361 p.

154 GUIDE TO THE LAW OF GERMANY

will be translated into English under the auspices of the com-
mittee editing the Continental Legal History Series (see
footnote, p. 46).

The Penal Code now in force in Germany is that of May 15,
1 87 1 with its amendments. The first draft was published in
1869 and the code itself was finished in 1870 before the Empire
was founded. This code was modeled on the Prussian criminal
code of April 14, 1851, which was based largely on the maxims
of the old Napoleonic Code Penal of 1810. The first draft of a
fresh Penal Code was completed in 1 909 and has already been
submitted to the public for discussion and criticism. It is
probable that within a short time the new penal code will be
enacted into law.

A translation of part one of the 1871 code, which includes
the first seventy-nine sections, appears in the Law Magazine
and Review, New Series, volume 1 (1872), pages 653-667.
Three learned articles on the early criminal law and courts of
Germany were published in the thirties. Two of these are
from the pen of the celebrated authority, Prof. K. I. A. Mitter-
maier. In an able article in the Law Magazine and Review,
volume 15 (1836), pages 1 19-128, the older literature of
criminal law is critically discussed. In the second article by
the same author, published in the American Jurist, volume 24
(1840), pages 62-79, the sources of criminal law in Germany
and the State codes in existence at that time are discussed and
the administration of criminal law compared with that of the
United States. In an article in the Law Magazine or Quarterly
Review, volume 11 (1834), pages 1-23 there is a discussion of
penological theories with a critical account of the older writers
on criminal law and their works.

The Penal Code of 1871 was translated into English by
Geoffrey Drage1 (London, 1885). Prof. Wolfgang Mitter-

1 Dragc, G. The criminal code of the German Empire. Translated
by Geoffrey Drage. London, 1885. 365 p.

CRIMINAL LAW 155

maier, of Heidelberg, while characterizing the translation as
able, nevertheless finds the translator guilty of some mis
conceptions. An excellent account of the criminal law of
the German Empire presenting systematically the theories
underlying the code and its principles was written by Prof.
Wolfgang Mittermaier, of Heidelberg and Berne, the son
of the renowned K. I. A. Mittermaier. This article was pre-
pared at the request of S. J. Barrows, commissioner of the
United States on the International Prison Commission, and
published in the reports prepared for this commission. It
appears as House Document 489, Fifty-sixth Congress, second
session, pages 81-104 (Washington, Government Printing
Office, 1901). The entire criminal legislation of Germany was
edited in nine small volumes of text editions by Dr. Justus
Olshausen,1 Federal district attorney. A small but useful
annotated edition of the Penal Code, including references to
the decisions of the State courts and to the authoritative com-
mentaries was edited by Wilhelm Henle - and Franz Schier-
linger (2ded., 1903, with supplement 1907).

The leading commentary on the German Penal Code is that by
Justus Olshausen .'which reached its eighth edition in 11)09-10.
Another commentary, very popular with German lawyers,
is from the pen of Prof. Reinhard Frank4; the eighth to tenth
edition was published in 191 1. Criminal provisions are
scattered throughout many statutes and sections of slat-

1 Olshausen, Justus. Die strafgesetzgebung des Deutschen Reichs. Tex-

tausgabe mit anmerkungen . . . Berlin, F. Vahlen, njoo 1903.

9 v.
Henle, Wilhelm. Das strafgesetzbuch fur das Deutsche Reich in seiner

gegenwartigen gestalt. Handausgabe mit erlauterungen von W'il-

helm Henle . . und Dr. Fran/ Schierlinger ... 2d ed.

Mitnachtrag. Munchen, C. H Beck, 1903, 1907. 444 p.
'Olshausen, Justus. Kommentar zum strafgesetzbuch fur d.is

Deutsche Reich. 8th ed., Berlin, F. Vahlen, 1909 10. 2 v.
* l-'r.ink, Reinhard. Uis strafgesetzbuch fur das Deutsche Reich.

8-iothed. Tubingen, J. C. B. Mohr (P. Siebeck), 1911. 671 p.

156 GUIDE TO THE LAW OF GERMANY

utes. A special commentary dealing with these incidental
penal provisions was edited by Dr. M. Stenglein,1 a former
justice of the supreme court of Germany; it began to appear
in its fourth edition in 1909. The principles of German
criminal law in concise statement are presented by Prof.
Karl Binding,'-' the learned jurist of Leipzig, in his " Grundriss."
The history of criminal law from the Carolina Code (1532)
to modern times is combined with a summary account of the
content of criminal law in its objective and subjective aspects.
The work contains extensive bibliographic references.

The leading treatise on criminal law is that by the renowned
Prof. Liszt,3 of Berlin, the eminent authority on criminal law
and criminology. The eighteenth edition was published in
191 1 ; a French translation has also just been published by
Giard and Briere, of Paris. A work now used in some of the
universities of south Germany is the treatise of Prof. H. Meyer,4
edited by Allfeld, known as the " Meyer-AUfeld Lehrbuch."
The seventh edition has recently been issued. Its continued
use in preference to the work of Liszt appears to be due to the
conflict between Profs. Birkmeyer and Liszt in their theories
of criminal law. Prof. Binding"' is the author of an able
treatise on criminal law which was originally a continuation
of the fifth edition of his "Grundriss." The last volume of
the second edition of the treatise appeared in 1905. Another

1 Stenglein 's Kommentar zu den strafrechtlichen nebengesetzen des

Deutschen Reiches. 4th ed. vollig neubearbeitet von Ludvvig

Ebermayer, Franz Galli, Georg Lindenberg. Berlin, Otto Lieb-

mann, 1909-1911. 2 v. and cont.
- Binding, Karl. Grundriss des deutschen strafrechts, allgemeiner

teil . . . 7th ed. Leipzig, W. Englemann, 1907. 271 p.
3 Liszt, Franz von. Lehrbuch des deutschen strafrechts. 18th ed.

Berlin, J. Guttentag, 1911. 689 p.
1 Meyer, H. Lehrbuch des deutschen strafrechts, bearbeitet von

Allfeld. 7th ed. Leipzig, Deichert, 1911.
s Binding, Karl. Lehrbuch des gemeinen deutschen strafrechts,

besonderer teil. Leipzig, W. Engelmann, 1902-1905. 2 v.

CRIMINAL LAW 157

good treatise on German criminal law is by Prof. Finger,1 of
Halle. To date, only one volume, which appeared in 1904,
has been published. It is well provided with bibliographic
notes. Prof. Bemer,2 an eminent scholar and authority in
German criminal law, wrote a treatise on the same subject.
The eighteenth and last edition was published in 1898. It
gives an excellent, although brief account of the history
and sources of German criminal law before and after the
Carolina.

A useful dictionary of criminal law in the form of an index
digest to the criminal decisions of the supreme court, was
edited by Dr. M. Stenglein,'1 formerly judge of that court,
whose commentary has been mentioned supra. Two vol-
umes appeared in 1900 and a supplement by F. Galli brings
the work down to 1904. A work dealing essentially with
criminal law in its administrative aspects from an historical
and comparative standpoint, by Dr. James Goldschmidt,'
now professor in Berlin, gives evidence of much scholarly
research.

There are some important German periodicals on the sub-
ject of criminal law. The oldest is the one known as Goltdam-
mers Archil/' which was founded in 1853 and is now edited
by Prof. Kohler of Berlin. Another prominent periodical is

1 linger, August. I.chrbuch des deutschen strafrechts. Berlin, C.
Heymann's verlag, 1904. 1 v.

* Boner, Albert Friedrich. Lehrbucb des deutsches strafrechts. t8th

ed. Leipzig. B. Tauchnitz, [898. 752 p.
3 Stenglein, Melchior. Lexikon des deutschen strafrechts; nach den
entscheidungeu des Reichsgerichts zum strafgesetzbuche zusatn-
mengestellt und hrsg. von Dr. M. Stenglein, . . . Berlin, i>, Lieb-
inaun, 1900. 2v. and supplement.

* Goldschmidt, James Paul. Das verwaltungsstrafrecht. Berlin, C.

Heyuumn, kjoj. 603 p.

'.^reliiv fur strafrecht u. strafprozess, founded by Goltdammer. Ber-
lin, R. v. Decker, 1.S5S and cunt.

I58 GUIDE TO THE LAW OF GERMANY

the Zeitschrift fur die gesamte strafrechtswissenschaft,1 now
edited by Profs. Liszt and Lilienthal, both eminent authorities.
It was founded in 1881. This periodical, which is the organ
of the International Union of Criminal Law {Internationale
Kriminalistische Vereinigung) publishes a supplement under
the title XI itteilungen der international en kriminalistischen
vereinigung which also appears occasionally in French. The
supplements deal with the criminal codes of foreign countries
or present special studies on foreign criminal law. Transla-
tions of foreign codes into the German language are also pub-
lished by the association.

The subject of German criminal law would be left incomplete
if mention were not made of the great names of Feuerbach,
Grolman, Kleinschrodt and Mittermaier, whose works,
although for practical purposes now antiquated, exercised a
potent influence on the development of criminal law in
Germany.

CRIMINAL PROCEDURE

The establishment and jurisdiction of criminal courts is
provided for in the Judiciary Act of January 27, 1877, to
which reference has already been made. The Code of Criminal
Procedure was one of the four great codes — Bankruptcy Act,
Judiciary Act, Codes of Civil and of Criminal Procedure, enacted
during the law reform movement of 1877. Hahn's Die ge-
sammten materialien zu den reichsj ustizgcsetzen (Berlin, Decker,
1897-1909) report the drafts, "motives," and summarized
debates connected with the enactment of all the more impor-
tant imperial statutes The Code of Criminal Procedure was
enacted February 1, 1877, and went into effect on October 1,
1879. The draft of a new code of criminal procedure is now
before the Bundesrat.

1 Zeitschrift fur die gesamte strafrechtswissenschaft. Berlin und
Leipzig, J. Guttentag, 1881 and eont.

CRIMINAL PROCEDURE 1 S<)

German criminal procedure is based largely on the French
S] Stem, but it has been modified by the incorporation of many
provisions of English origin. The best account in English
of German criminal procedure is that prepared by Prof.
Wolfgang Mittermaier, of Heidelberg and Berne, for the Inter-
national Prison Commission. It is included in a report sub-
mitted by the United States commissioner to the Secretary of
State, and is published in House Document 489, Fifty-
sixth Congress, second session, pages 104-122. Besides a
brief historical account, it discusses most learnedly the
theories and principles of German criminal procedure, and
presents a valuable analysis of the provisions of the cock- of
1877.

The older criminal procedure of Germain- is discussed in an
article in the American Jurist, volume 19 (1838), pages
332-349. It is a translation of an article by Foelix in the
Revue etrangkre et frangaise, December 1836, which was
founded on Mittermaier's great work Das deutsche strafver-
fahren (Heidelberg, 2d ed., 1832-33). The article presents
Mittermaier's philosophy of criminal law. A learned account
of the history anil principal features of German criminal pro-
cedure from the earliest days to the present German code, is
contained in an article by H. A. D. Phillips in the Law Quar-
terly Review, volume 10 (1894), pages 16-31. Incidental
comparisons with the French and Austrian codes lend added
interest to the article. Another good account of criminal
courts in Germany was written by B. L. Moseley under the
title "Criminal courts and procedure in Germany." It
appeared in the Law Magazine and Review, fourth series,
volume 10 (1SS4), pages 263-283, 369-412. lie treats the
subject by way of comparison wi'.li the French, Austrian and
English systems and enters into a critical discussion of the
principal features of tin German Code. Another critical dis-
cussion nf the provisions of this rode was published by

l6o GUIDE TO THE LAW OP GERMANY

Edward Zimmerman in the Law Magazine and Review, fourth
series, volume i (1875), pages 103-112. A popular account of
the procedure in a criminal trial was published in the Journal
of Jurisprudence, volume 34 (1890), pages 569—579. The
article describes the celebrated Vering trial and incidentally
discusses the German duelling "code." An able article by
Hurt Estes Howard on "Trial by jury in Germany" was
published in the Political Science Quarterly, volume 19 (1904),
pages 650-672. A good French translation of the German
Code of Criminal Procedure was edited with notes by Fernand
Daguin,1 the learned secretary of the French Societe dc Ligis-
lalion Comparer at the instance of the French Government.

A handy edition of the Code of Criminal Procedure is that
edited by Dr. P. Daude,2 former district attorney. All the
amendments up to that of June 5, 1905, are taken into account
as well as all the laws relating to criminal procedure. It is
annotated with the decisions of the imperial supreme court.
An excellent commentary upon the code, the one regarded as
the standard work, was edited by Dr. E. Lowe,3 formerly pre-
siding justice of the imperial supreme court at Leipzig. Since
his death Prof. Hellwig has edited the commentary, which in
its twelfth edition appeared in 1907.

The most scientific treatise on the subject of criminal pro-
cedure is the Handbuch in three volumes by Prof. Julius
Glaser,1 the noted Viennese jurist. It appears as a part of the

1 Daguin, Fernand. Code de procedure penale allemand (i fevrier

1877) traduit et annote par Fernand Daguin . . . Paris, Impri.
merie nationale , 1884. 404 p.

2 Daude, P. Die Strafprozessordnung fur das Deutsche Reich vom 1.

februar 1S77 und das Gerichtsverfassungsgesetz vom 27. januar 1S77.
17. mai 1898, 5. juni 1905. 7th ed. Berlin, H. W. Miiller. 1908.
424 p. Sth ed. by Oppermann, announced 1912.

3 Lowe, E. Die Strafprozessordnung fur das Deutsche Reich. 12th

ed. bearh. von Dr. A. Hellwig . . . Berlin. J. Guttentag, 1907.
1066 p.

4 Glaser, Julius Anton. Handbuch des strafprozesses. Leipzig,

Duncker & Humblot, iSS^-1907. 3 v.

CRIMINAL PROCEDURE l6l

Binding series. Naturally, Austrian law receives much atten-
tion. An appreciation of Glaser's great work and influence
is found in a little pamphlet by Prof. Unger, chief justice of
Austria, entitled Nachruf auf Glaser (W'ien, 1885). The
third volume, which deals with procedure in jury and lay-
men's courts [Schwur- and Schofjengerichte) was written
by Prof. Friedrich Oetker, of Wurzburg.

A most useful work outlining the law of criminal procedure,
is written by Prof. Karl Binding,' his well-known Grundriss of
criminal procedure (5th ed., 10041. It follows somewhat the
methods of his Grundriss on criminal law. A work which
deserves attention by reason of the prominence of its author
in the movement for the reform of criminal law and procedure
is the Deutsches ttrafprozessrecht (1898) by Dr. Karl Birk-
uieyer.- of Munich, tlie editor of the well-known Encykhpadie.

Procedure in jury courts (Schwunjiiichle) has been the
subject of a number of articles in English. The best of those
dealing with the recent practice is by Prof. Burt Estcs Howard,
which appeared in the Political Science Quarterly, volume 10
(19041, pages 630-072. The operation of the jury system in
Germany is discussed, from the selection of the jurymen until
final verdict. Some older articles written prior to the Judi-
ciary Act of 1877 and the code of that year, were published by
Dr. Edward Zimmerman, in the American Paw Record,
volume 3 (1874), pages 1-18, 129 [39, and an appendix to
the articles in the same volume, pages 356 363. The articles
were reprinted in the Law Magazine and Review of 1874.
A practical study on procedure in jury courts was pub-
lished by Judge J. Feddersen ' in 1907. The decisions of the

Binding, Karl. Grundriss des deutschen strafpro'zessrechts. ;th ed.

I.rip/ij;, IhimkiT & Huinhlot, i<<0| <oi |>.

2 Birkmeyer, K. Deutsches straiprozessrecht. Berlin, 11 W. Muller,

1898. S;<) p.

; Feddersen, J. Das Schwurgericht. Berlin, Otto Liebmann, njo;.
24-1 p.

74°— 12 11

1 62 GUIDE TO THE LAW OF GERMANY

Supreme Court are specially noted. In the matter of jury-
courts attention is directed to the volume by Oetker in
Glaser's Handbuch and especially to Brunner's ' celebrated
historical treatise on the origin of the jury system. This
work is an example of the highest type of German scholarship.
Under the head of "Death sentences in Germany," Dr. H.
Becker shows, in an article in the Green Bag, volume 21
(vSeptember, 1909), pages 433-436, that death sentences in
Germany with rare exceptions are only carried out where
there is a confession of guilt.

Recent contributions to the literature of criminal pro-
cedure are discussed by Prof. Beling of Tubingen in a series of
short reviews in the Zeitschrijt fur die gesamte strafrechts-
wissenschaft, volume 31 (191 1), Heft 7, pages 737-748.

Germany has enacted two progressive and useful statutes,
the object of which is to have the State compensate those
individuals who have been unjustly convicted or unjustly
arrested and arraigned, for the material injuries suffered.
Austria, France, Sweden, Norway, Denmark, and Hungary
had preceded Germany in enacting laws on the subject.
The law of May 20, 1898, which provides for compensa-
tion for those unjustly convicted who on second trial or
under the disclosure of new evidence have been declared
"not guilty" by the judgment of a competent court, was
followed by the law of July 14, 1904, which provided that
those unjustly arrested and arraigned should be compensated
for the material injuries suffered. A good commentary on
the two laws was written by Dr. Eduard Burlage,- the chair-
man of the Reichstag committee which reported the law of

1 Brunner, H. Die entstehung der schu-iirgerichte. Berlin, Wied-
mann, 1872. 478 p.
Burlage, Eduard. Die entschadigung der unsehuldig verhafteten
und der unsehuldig bestraften. Kommentar zu den reichsgesetzen
vom 14. juli iqo4 und 20. mai 1898. Berlin, O. Liebmann, 1905.
157 P-

MILITARY CRIMINAL LAW 163

1904. Besides the commentary, the author gives an inter-
esting account of the principles underlying the law and of its
general content. An historical survey of the antecedents of
the law, together with a useful commentary, was written by
Judge Johannes Krause.1 A monograph discussion on the
substantive and procedural elements of the laws in question
was published, for the practitioner, by Dr. Otto Kahler.2

MILITARY CRIMINAL LAW

The Penal Cock- for the army and navy {MUitarstrafgesetz-
buch) of June 20, 1872, was translated into English bv Maj.
W. Winthrop,3 judge advocate of the United States Army.
A good commentary on the Military Penal Code was pub-
lished by C. von Koppmann 4 (3d ed., 1903). A small anno-
tated edition of the same code was edited by Dr. Herz,5 presi-
dent of the imperial military court, assisted by Dr. Georg
Ernst, privy councillor. An extensive work on the criminal
law for the army and navy was published by Eisner von
Gronow6 and Sohl in 1906. A systematic work dealing with
the Military Penal Code, especially as it affects officers of the
German navy, is that by Dr. Rudolf Eichheim,7 published

' Krause, Johannes. Haftentschadigung. Kommentar. Hannover.
Helwingsche verlagsbuchhandlung, 1906. 224 p.

3 Kahler, Otto. Die ciitsehadigung fur strafe und untersuchungshaft.

Halle a. I)., Buchhaadlung des Waisenhauses, 1904. 93 p.
* Military penal code Militar Strafgesetzbuch 1 for the German Empire.
Translated by Maj. W. Winthrop. Washington, 1S73. 54 p.

4 Koppmann. C. von Kommentar zum Militarstrafgesetzbuch. 3d

ed. By G. Weigel. Munchen, C. H. Hick. 1903. 612 p.

1 Herz, Paul & Ernst, Georg. Milit.tr strafgesetzbuch fur das Deutsche
Reich. 2d ed. Berlin. F. Vahlen, 1908. 400 p.
Eisner v. Gronow, K. & Sohl, G. Militarstrafrecht fur heer u. marine.
Berlin, II. W. Miiller, 1906. 1120 p.

7 Eichheim, Rudolf. Handbuch des materiellen strafrechts. Unter
besanderer berucksichtigung der verhaltnisse bei der kaiserlichen
marine mit unterstiitzung des Reichsmarineamts, hrsg. von I >r
Rudolf Eichheim. Berlin. C. Hermann's verlag, kjo4. 468 p.

164 GUIDE TO THE LAW OF GERMANY

under the auspices of the German navy department. It is
annotated with the decisions of the imperial military court
and prints the more important maritime laws in an appendix.
The recent literature on military criminal law is discussed
in short reviews by Dr. E. Steidle of Munich in the Zeitschrijt
fur die gesamte strafrechtswissenschaft, volume 31 (191 1),
Heft 7, pages 766-771.

The Military Code of Criminal Procedure of December 1,
1898, is the subject of an extended commentary by Dr. C. von
Koppmann.1 Herz and Ernst,2 the writers just mentioned,
also published an annotated edition of this code (4th ed.,
1907). The decisions of the imperial military court are now
being regularly reported in a series known as the Entschei-
dungen des reichsmilitdrgerichts.3 Fifteen volumes have al-
ready appeared.

REFORM OF CRIMINAL LAW AND PROCEDURE

The reform movement in criminal law and procedure has
been the focus of interest in legal circles in Germany for some
years. As the result of it a new criminal code has been
drafted and extensive reforms in criminal procedure are about
to be undertaken. For an understanding of the difference
between the three schools of criminal law reform now active
in Germany, attention is called to an article by Prof. Liep-
mann, of Kiel, in the Zeitschrijt jiir die gesamte strajrechts-
wissenscliajl, volume 28 (1908), pages 1— 21, entitled Straj-
rcchtsreform und schulenstreit. The first of the schools is the

1 Koppmann, C. v. Kommentar zur Militarstral'gerichtsordming von

Dec. 1, 1898. Miinchen, C. H. Beck, igoo. 480 p.

2 Herz, Paul and Ernst, Georg. Militarstrafgerichtsordnung. 4th

ed. Berlin, F. Vahlen, 1907. 562 p.

3 Entscheidungen des reichsmilitargerichts. Hrsg. von den Senats-

prasidenten und dem Obermilitaranwalt unter mitwirkung der
juristischcn mitglieder der senate. Berlin, F. Vahlen, 1902-1911.
15 v and cont.

REFORM OF CRIMINAL LAW 1 65

classical school, represented by Prof. Birkmeyer, which seeks
to hold fast to the older retributive theories of punishing a
crime as an objective offense, with a definite sentence. The
second is the sociological subjective or protection school, rep-
resented by Prof. Liszt, which advances the theory of the
punishment of the criminal rather than of the specific crime,
taking into account his physical and social antecedents and
environment and congenital predisposition. This school em-
phasizes the subjective psycho-physical elements in crime and
in the criminal. The third school is that of Merkel, which
holds a middle ground between the first two. A brief
account of the difference between the classical (Birkmeyer)
school and the sociological (von Liszt) school, was published
by Ernst Bruncken in the Albany Law Journal, volume 68
(1906), page 111.

Liszt stands in the front rank of modern criminologists.
An appreciation of his work and influence was written on the
occasion of his sixtieth birthday by Dr. N. H. Kriegsmann, of
Kiel, and published in the Jwristisches liter aturblatt, July 1.
191 1, volume 23, pages 1 21-124. The article also describes
at some length the contents of the two jubilee volumes (Fest-
fchriften) dedicated to Prof. Liszt in honor of his birthday.
A biography of Liszt also appeared as an editorial comment
in the Journal of criminal law and criminology, volume 2,
No. 2 (July, 191 1), pages 168-170.

"The reform of criminal law in Germany" is the title
of an article bj Dr. Adolf llartmann of Berlin which appeared
in the Journal of criminal law and criminology, volume 2, No.
3 (September, 1911), pages 349-355. The author deals with
some of the reforms contained in the new draft codes and dis
cusses the difficulties to be overcome before their enactment
into law. He discusses the prevailing theory of German
criminal law, which is based on discipline and relentless retri-
bution and inquisitory methods of trial.

166 GUIDE TO THE LAW OF GERMANY

Undoubtedly the most important work in connection with
the reform of criminal law, is a sixteen volume collection of
scientific contributions on the subject in which practically
every leading authority in Germany is represented. These six-
teen volumes, one of which is an index, were edited under the
auspices of the Department of Justice, and to a large extent
constituted the basis for the work of the legislative commission
having charge of the drafting of the new code. It is a striking
example of the scientific way in which Germans proceed to
enact new legislation of importance. The work bears the
title Vergleichende darstcllung des deutschen und auslandischen
strajrcchts,1 and as its title indicates, foreign criminal law is
drawn upon for purposes of comparison.

The preliminary draft of the new Penal Code 2 was published
on the order of the Department of Justice in 1909. The draft
includes the "motives" and represents the final work of the pre-
liminary commission which sat from April 4 to May 18 in seven-
teen sessions. They took account of the counter draft (Gegen-
entwwrf)3 which was submitted by four of the leading authori-
ties in Germany — Kahl, Lilienthal, Liszt and Goldschmidt,
two of whom are classicists and two, progressives. A brief
report of the sessions of the code commission is to be found in
the Deutsche juristen-zeitung, June 1, 191 1, columns 721-725.
The most noteworthy suggestions and criticisms contained
in the counterproject mentioned are concisely stated by Dr.

1 Germany. Vergleichende darstellung des dcutschen und auslandi-

schen strafrechts. Yorarbeiten zur dcutschen strafrechtsrefonn.
Hrsg. auf anrcgung des Reichsjustizamtes von den professoren dr.
Karl Birkmcyer, dr. Fritz van Calker, dr. Rcinhard Frank, dr.
Robert v. Hippel, dr. Wilhelm Kahl, dr. Karl v. Lilienthal,
dr. Franz v. Liszt, dr. Adolf Wach. Berlin. O. Liebmann, 1905-
1909. 16 v.

2 Vorentwurf zu einera deutschen strafgesetzbueh . nebst begriindung.

Berlin, Guttentag, 1909. 66, 869 p.

3 Gegcnentwurf zum vorentwurf eines deutschen strafgesetzbuch.es. v.

Kahl, Lilienthal. Liszt and Goldschmidt. Berlin, Guttentag, 1911.
2 v.

REFORM OF CRIMINAL LAW 1 67

Aschrott in volume 24, No. 1 (Jan. 1 =,. 1912) of the Juristisches

literaturblatt, pages 1-2. A collection of critical discussions
of the new draft code was published by Profs. Aschrott1 and
Liszt in two volumes (Berlin, 1910). The leading criminolo-
gists and jurists of Germany are contributors to the work.
The new drafts of penal codes in Austria and .Switzerland are
drawn upon for purposes of comparison. The recent works
on criminal law, especially those relating to criticisms of the
project (Vorentwurf) of the new Criminal Code are discussed
by Dr. Kriegsmann of Kiel in volume 31 (191 1), Heft 7, pages
691-737, of the Z< itschrifi fur die gesamte strafrechiswissen-
fchaft. Profs. Birkmeyer and Xagler are the editors of a series
of monographs 2 on the reform of criminal law, some of the
contributions to which, especially those of Birkmeyer and
Xagler, are important. Prof. Birkmeyer's theories are
further ably presented in three recent volumes ' in which he
criticizes the new draft code. He objects to its attitude of
compromise, in that while it follows his classical theories
generally, it has made some concessions to the new pro-
gressive theories of Liszt. The volumes present valuable
discussions of the principles underlying the new preliminary
draft. Birkmeyer's criticisms of Liszt's sociological theories
arc perhaps best brought out in a small work published in
1906 entitled I!'<;\ /n^l von /.;>:/ vom Hrafrecht iibrigl *

The reform movement, especially its sociological tenden-
cies, has produced a large and valuable literature. Prof.
Aschaffenburg, of EColn, in the Zeitschrijt fur die gesamte

■Aschrott u. Liszt. Die reform des reichsstrafgesetzbuches. Berlin,

C.uttcntag, 1910. 2 v.
-' Hirkmeyer u. Naglcr. Kritischc beitrage zur strafrcchtsrefurm. Hrsg.

v. Birkmeyer u. Nagler. Leipzig, W. Engelmann, 1908-1911. 14

vols, to I .j 1 I.
Birkmeyer, K. Beitrage zur kritik des vorentwurfs zu 1 inem deutschen

strafgesetzbuches. Leipzig, Engelmann, 1910. 3 v.
1 Birkmeyer, K. Was lasst von Liszt vom strafrecht tiling? Munchen,

C. H. Heck, 1906. 102 p.

1 68 GUIDE TO THE LAW OF GERMANY

strajrechtswissenschajt (vol. 31, heft 7, pp. 749-758), makes
a critical study of the recent literature dealing with the
psychology of the criminal and medical jurisprudence. The
recent literature on penology in relation to prisons and
prison systems is discussed by Dr. W. Leonhard in the same
number, pages 758-766.

Prof, von Bar ' of Gottingen is the author of an excellent
work in three volumes, written from the point of view of the
classical school of criminologists. The theories of all the
schools are discussed under appropriate subject divisions of
the criminal law. A valuable work of Hans Gross 2 on criminal
psychology has recently been translated into English in the
Modern criminal science series. While Prof. Gross is an
Austrian, his work deserves mention at this point, because
of his great influence throughout Germany. The Modern
criminal science scries is being translated and published under
the auspices of the American Institute of Criminal Law and
Criminology. Three of the nine volumes which it purposes
to publish have already appeared. Their importance as con-
tributions to the scientific study of a subject in which America
lags far behind Europe cannot be over-estimated. The com-
mittee on translations consists of the following gentlemen:
Profs. John H. Wigmore, Ernst Freund, Maurice Parmelee,
Roscoe Pound, Robert B. Scott and AY. W. Smithers, Esq.
Another German work which is to be translated as a part of
this series is the well-known book of Prof. Aschaffenburg,3 of
Koln, Das verbrechen und seine bekdmpjung. Under the title
Crime and its repression this volume is now being translated

1 Bar, Ludwig von. Gesetz und schuld im strafrecht. Fragen desgelten-

den deutschen strafrechts und seiner reform. Berlin. J. Guttentag,

1906-1909. 3 v.
-'Gross, Hans. Criminal psychology. Translated by Horace II. Kallen.

Boston. Little. Brown, 1911. 513 p.
3 Aschaffenburg, G. Das verbrechen u. seine bekampfiuig. 2d ed.

Heidelberg. C. Winter. 1906. 277 p.

REFORM OF CRIMINAL LAW 1 69

by A. Albrechl.1 Prof. Hans Gross2 is also the author of
a work Hamikiuh jur untersuchungsrichter, which has been
translated into eight foreign languages. It is a practical
handbook for magistrates, police officers, and lawyers. Under
the title Criminal investigation it lias been translated into
English by J. Adam, 1907.

A number of other critical studies, psychological, philo-
sophical and criminological, all bearing on the theory of crime
and the criminal, merit special attention. These are first: the
psychological study of motive in criminal law and the theory
of punishment by Prof. Friedrich s of Giessen; a philosophical
study by Dr. Fritz Berolzheimer,J in the fifth volume of his
System der rechts- und wirischajtsphilosophie; the critical
studies of the theory of guilt and punishment by Profs. Mittcr-
maier 5 and Beling;" and the psychological studies of Wulffen '
and Sommer.8

The reform of criminal procedure has likewise been the
occasion for the publication of a great number of tracts and
of some valuable larger works. A commission was appointed

1 Aschaffenburg, ('■. Crime and its repression. Translated by A.

Albrecht. Boston. Little, Brown. 1912.
2 Gross, Hans. Criminal investigation. Translated by J. Adam and

J. C. Adam. New York, Lawyers Cooperative Pub. Co., 1907. Bos-
ton, Little, Brown, 1906. 889 p.
friedrich, Julius. Die bestrafung der motive und die motive der

bestrafung rechtsphilosophische und kriminalpsychologische stud-

ien. Berlin und Leipzig, W. Rothschild, 1910. 312 p.
1 Berolzheimer, Fritz. Strafrechtsphilosophie mid strafrechtsreform

in vol. ■•, of his System der rechts u. wirtschaftsphilosophie Mini

chen, 1907.
1 Mittermaier, Wolfgang. Kritische beitrage zur lehre von der straf

rechtsschuld. Giessen, Tdpelmonn, 190c). 56 p.
' Beling, Ernst. I'nsehuld, selnild n. schuldstufen im vorentwurf zu

einemdeutschen straf gesetzbuche. Leipzig, Engelmann, 1910. 01 p
'Wulffen, Psychologie des verbiechers. Gross- Lichterfelde-Ost, P.

I.angenseheidt, 1908. 2 v.
"Sommer, Robert. Kriminalpsychologie. Leipzig, J. A. H.irtli, 1904.

388 ],.

170 GUIDE TO THE LAW OF GERMANY

in 1902 by the Department of Justice to make recommenda-
tions for the reform of criminal procedure. Its protocols were
published officially ' in two volumes (Berlin, 1905). Two
monographs by one of the leaders in the movement for the
reform of procedure, Ur. Adickes, - the noted reform mayor of
Frankfurt, deserve special mention. In these two books he
presents the basic principles of procedural reform. Prof. Liszt
has made a small contribution to the special subject of re-
form of criminal procedure.3 Critical discussions of the drafts
submitted by the commission of the Department of Justice
appear in a volume edited by Dr. P. F. Aschrott4 (Berlin,
1906). These discussions were contributed at the invitation
of the Internationale Kriminalistische Vereinigung. Critical
articles on the reform of criminal procedure were edited in
an edition of three volumes by the leaders in the movement,
Adickes,5 Aschrott, Lilienthal, and Liszt. They were pub-
lished in Berlin in 1908. The reform of procedure in jury
courts (Schwurgerichte) is one of the principal objects of the
reform movement. The draft of an act of September 1,

1908, on criminal procedure, and of an act of March 26,

1909, amending the Judiciary Act, dealt especially with
jurv courts. The whole movement in its latest stage is
discussed in a work by Prof. Liepmann" (Heidelberg, 1910).

1 Protokolle der kommission fur die reform des strafprozesscs. Berlin,
Guttentag, 1905. 2 v.

-Adickes. Zur verstandigung uber die justizreform. Berlin. Guttentag,
1907. 124]). Adickes. Grundlinien durchgreifender justizreform.
Berlin, J. Guttentag, 1906. 170 p.

'Liszt, Franz von. Hie reform des strafverfahrens. Berlin, Gutten-
tag, 1906. 56 p.

'Aschrott, P. F. Reform des strafprozesscs. Kritische hesprechungen
der von der Kommission des Reichsjustizamts gemachten vorschlage.
Berlin, J. Guttentag, 1906. 1^4+784 p.

5 Beitragc zur reform des strafprozesses. Herausg. v. Adickes, Asch-
rott, Lilienthal u. Liszt. Berlin, J. Guttentag, 190S. 3 v.

"Liepmann, M. Die reform des deutschen schwurgerichts. Heidel-
berg, Winter, 1910. 263 p.

PUBLIC LAW 1 7 I

A collection of critical monographs on the subject was
edited by Profs. Mittermaier and Liepmann ' (Heidelberg,
1906-1909). Articles based on the reform of procedure in the
lower courts of lay judges were collected in a small volume
published under the title Strafprozess-rejorm und laien-
richter* (Berlin, 1910). "

PUBLIC LAW

Public law includes constitutional, administrative, inter-
national, ecclesiastical, colonial, and criminal law. Both civil
and criminal procedure are usually added. Criminal law and
civil and criminal procedure have already been discussed.
International law, as stated in the beginning, is excluded
from this survey. In the course of this section we shall
mention first the prominent works on public law in general.
These deal primarily with constitutional and administrative
law, and must not be overlooked in considering the important
literature on one or the other of these branches of public law.
We shall then take up, seriatim, constitutional, ecclesiastical,
colonial and administrative law.

The principal work on German public law is unquestionably
that of Prof. Laband,3 the learned jurist of Strassburg 14th
ed., 1901). Two volumes of a new (fifth) edition appeared in
191 1. This work in its second edition was the subject of
a careful review and analysis by Prof. John W. Burgess
of Columbia University, in the Political Science Quarterly,
volume 3 (1888), pages 123-135, in an article entitled
"Laband's public law of the German Empire." The third

1 Sch wurgerichte 11. schdffengerichte. Bcitrage zu ihrer kenxttsiss u.

beurteilung. Hrsg. v. Mittermaier u. Liepmann. Heidelberg,
C. Winter. 1906-1909. 2 v.

2 Straf prozessreform und Laienrichter. Berlin-Charlottenburg, Vita,

Deutsches Verlagshaus, 1910. [34 p.

3 Laband. Paul. Das staatsrecht des Deutschen Reiches. |ih ed.

Tubingen und Leipzig, J. C. B. Mohr, 1901. 4 v. 5U1 ed. 1911-12.

172 GUIDE TO THE LAW OF GERMANY

edition of the work was translated into French.1 A valu-
able reference work on all questions of public law and
economics is the well-known " Handivorterbuch" in eight
volumes, edited by Conrad, Elster,2 and others. Its third
edition has recently been completed. An important treatise
on German public law is that by the late Prof. Georg Meyer 3
of Heidelberg, edited in its sixth edition, 1905, by Prof. Georg
Anschiitz. A convenient two volume treatise was written by
Prof. Phillip Zorn,4 of Konigsberg. Another popular work on
German constitutional and administrative law, analytical in
its treatment, is from the pen of Prof. Arndt,5 of Konigsberg
(Berlin, 1901).

A valuable work, the usefulness of which is attested by its
many editions, is the Handbnch, in this case what we might
call a handbook, of Baron Hue de Grais,6 privy councillor. In
a compact volume, it presents a synopsis, with annotations,
of all the administrative laws of importance, such as those re-
lating to the army and navy, finance, police, administration
of justice, procedure, education, the church, industry, mining,
commerce and transportation. The twenty-first edition, 191 1 ,
is the last; new editions appear almost every year. A work
dealing with the constitutional and administrative features of
the economic and social legislation of the end of the nineteenth

1 Laband, Paul. Le droit public de l'Empire allemand. Edition

francaise. Paris, 1900-1904. 6 v.
- Handworterbuch der staatswissenschafteu, lirsg. v. Conrad, Elster,

Lexis, Loening. 3d ed. Jena, G. Fischer, 190S-11. 8 v.
'Meyer, G. Lehrbuch des deutschen staatsrcchtes. 6th ed., by G.

Anschiitz. Leipzig, Duncker & Humblot, 1905. 893 p.

4 Zorn, Phillip Karl Ludwig. Das staatsrecht des Deutschen Reiches.

2d ed. Berlin, J. Guttentag, 1895-97. - v-

5 Arndt, Adolf. Das staatsrecht des Deutschen Reiches. Berlin, O.

Haring, 1901. 972 p.

6 Hue de Grais, Robert. Handbuch der verfassung und verwaltung in

Preussen und dem Deutschen Reiche. 2isted. Berlin, J. Springer,
1911. 676 p.

PUBLIC LAW 173

century is that by Judge Paul Altmann,1 in two volumes, of
which the second deals with Prussia alone. Nor should we,
in speaking of leaders in public law, omit the name of the late
Prof. Jellinek, all of whose works are in high repute. His
System der subjectiven offentlichen rechte* is justly entitled to
a prominent place in the literature of German public law.
An account of Prof. Jellinek's life and literary activities ap-
pears in the Juristisches literaiurblatt, volume 23 (Feb. 15,
191 1), pages 25-27. Robert von Mold and Rudolph Gneist,
though both long deceased, are still considered leading
authorities. Mold's works on public law are still used as
quarries of information by publicists of the present day.
Two of his larger works, especially the one dealing with the
history and literature of public law, deserve attention at this
point.3 Gneist 's Rechtsstaat* still engages the attention of
every student of political science. On his work and influence,
see the article on "Four German jurists" by Prof. Munroe
Smith 1 rupra, p. 35).

In a collection appearing under the name Das offentliche
rechtdei gegt mvart (Tubingen, Mohr), under the general editor-
ship of Profs. Jellinek, Laband, and Piloty, leading publicists
treat of the public law of the important States of the world,
one country per volume. The series is intended to take the
place of the now somewhat antiquated collection edited
by Marquardsen, Handbuch des offentlichen rechts. The cur-
rent movement in public law is presented in an annual

' Altmann. Paul. Die verfassung und verwaltungim Deutsche!) Reiche

und Preussen; handbuch des Sffentlichen rechts der gegenwart.

Berlin, C Hermann, ic)o;-S. 2 v.
-' Jellinek, ('.. System der subjektiven 6ffentlichen rechte. 2d ed.

Tubingen, Mohr, 1905. 366 p
M.ihl, Robt. v..n. Geschichte u. literatur der staatswissenschaften.

Erlangen, Enke, 1855. 3 v. Mohl, Robt von. Staatsrecht, vfilker

recht u. jjoliiik. Tubingen, Laupp, i860. 3 \.
'Gneist, R. Der rechtsstaat u. verwaltungsgerichte in Deutschland.

2d edition. Berlin, Springer, 1879. 360 p.

174 GUIDE TO THE LAW OF GERMANY

volume, the first of which appeared in 1907 (likewise edited by
Profs. Jellinek, Eaband, and Piloty), under the title Jahrbuch
des offentlichen rechts (Tubingen, Mohr). In a collection
begun in 1908 entitled Bibliothek des ofjentlichen rechts (Han-
nover, Janecke), under the general editorship of Scholz and
Storck, small treatises are published dealing in popular form
with the public law of the principal world states as well as the
individual States of the German Empire. An excellent col-
lection of 20 monographs, in two volumes, dealing with a
variety of questions in the field of political science and public
law, was dedicated as a Festgabe (jubilee volume) to Prof.
Laband on the fiftieth anniversary of his doctorate. They
appear under the title Staatsrechtliche abhandlungcn.1 A
number of serials, somewhat on the order of the Columbia and
Johns Hopkins studies in public law, are published at various
German universities, but on the whole are not of sufficient
importance to warrant specific mention in this survey.

CONSTITUTIONAL LAW

A useful bibliography of German constitutional law appears
at pages 1 29-1 31 of Prof. George Elliott Howard's syllabus
on Comparative federal institutions (Lincoln, Nebr., 1907).
A good work on the constitutional law of the German Empire
is that by Prof. Burt Estes Howard - entitled The German
Empire. German constitutional law is also treated in Prof.
Burgess' 3 well-known Political science and comparative consti-
tutional law. An instructive article on the constitutional
agencies of governmental administration in the German Em-
pire and its various states as compared with the system pre-

1 Staatsrechtliche abhandlungen, festgabe fur Paul Laband zum fiinf-

zigsten iahrestage der doktor-promotion. Tubingen, J. C. B. Mohr

(P. Siebeek), 1908. 2 v.
-Howard, Burt Estes. The German Empire. New York, Macmillan,

1906.
3 Burgess, Political science and comparative constitutional law

Boston, 1890-Qi. 2 v. 2d cd. v. 1, Boston, 1902.

CONSTITUTIONAL LAW I 75

vailing in this country, was recently published by Prof. Otto
Gierke under the title "German constitutional law in its rela-
tion to the American constitution " (Harvard Law Review, vol.
23, Feb. 1910, pp. 273-90). A leading work on German consti-
tutional law is Prof. Laband's * Deutsche} reichsstaatsrecht, the
fifth edition of which appeared in 1909. A work of importance
is that of Prof. Haenel,2 Deutsckes staatsreckt, only the
first volume of which, on constitutional law, has been pub-
lished. It appears in the Binding series. Prof. Arndt,:i of
Kiinigsberg, is the author of a useful little work, the fourth
edition of which has recently appeared. Bomhak's * Grund-
riss is another popular book. The sources of German con-
stitutional law are treated in the first volume of the Quellen-
tammlung :n»i ftaats- verwaltungs- und vdlkerrechi by Profs.
Triepel 5 and Zeumer. Some of the writers on constitutional
law, whose principal work was accomplished in the middle
of the nineteenth century, also deserve attention. Prominent
among them are Gneist, Mohl," Zachariae,7 and Zoepfl."

1 Laband, Paul. Deutsches reichsstaatsrecht. 5th ed. Tubingen,

J. C. B. Mohr (P. Siebeck), 1009. 448 p.

2 Haenel, Albert. Deutsches staatsrecht. Leipzig, Duncker & Hum-

blot, 1892. 1 v.

3 Arndt, Adolf. Verfassung des Deutschen Reiches. 4th ed. Berlin. J.

Guttentag, 1911. 438 p.
1 Bornhak, Konrad. Grundriss des deutschen staatsrechts. 2d ed.

Leipzig, Deichert, 1910. 263 p.
5 Triepel, Heinrich. Quellensammlung zum deutschen reichsstaats

recht. Zusammengestellt ■von Dr. Heinrich Triepel . . . Leipzig,

C. L. Hirschfeld. 1901. ,54; p.
Mohl, Robert von. Das dcutschc reichsstaatsrecht. Kechtlichc

und politische erdrterungen von Robert von Mohl, Tubingen,

H. Laupp, 1873. 408 p.
' Zachariae, Heinrich Albert. Deutsches staats und bundesrechl ;d

ed. Gottingen, Vandenhoeck und Ruprecht, 1865-1867. 2 v.
/ lepfl, lhinrich Matthias. Grundsatze des gemeinen deutschen

staatsrechts, mit besonderer rucksiehl auf das allgemeine staatsret In

und auf die neuesten zeitverh&ltnisse. 5th ed. Leipzig und Heidel

berg, C. P. Winter 'sche verlagshandlung, 1863. 2 v.

176 GUIDE TO THE LAW OF GERMANY

The general theory of the state (Allgemeine Staaislehre) has
been the subject of a number of scholarly treatises. One of
the most prominent is Jellinek's work,1 part I of his Recht
des modernen staate.t. This book has recently been translated
into French (Paris, Giard & Briere, 191 1). The classic of
Prof. Bluntschli 2 naturally occupies a prominent place
(6th ed., 1886). This work has been translated into English.3

The law concerning the acquirement and loss of citizenship,
was enacted on June 1, 1870. Besides its treatment in the
more general works, it finds special treatment in the book of
Dr. Wilhelm Cahn,4 in which the law is fully annotated. The
third edition appeared in 1908. In the same year Dr. Cahn 5
wrote an interesting monograph on the reform of the nation-
ality laws of Germany. A small work dealing particularly
with the national military duties involved in German citi-
zenship, as they affect emigrants to the United States, was
published by P. W. S. Tingle0 (Philadelphia, 1903).

ECCLESIASTICAL LAW

Canon law was accepted in Germany at the same time as
Roman law. While many of its elements are to this day
clearly traceable sources of modern German law, its applica-
tion, on the whole, is of relatively slight importance in any
legal relations except those of the church and its functions.

1 Jellinek, Georg. Allgemeine staatslehre. 2d ed. Berlin, O. Haring,

i9°5- 797 P-
- Bluntschli, J. C. Allgemeine staatslehre. 6th ed., by E. Loening.

Stuttgart, Cotta, 1886. 2 v.

; Bluntschli, J. C. The theory of the state. 3d ed. Oxford, Clarendon
Press, 1898. 550 p.

4 Cahn, Wilhelm. Das reichsgesetz fiber die erwerbung und den
verlust der reichs und staats-angehorigkeit , vora 1. juni 1870,
erlautert. 3d ed. Berlin, J. Guttentag, 1908. 582 p.

3 Cahn, Wilhelm. Zur reform des reichs- und staats-angehorigkeits-
gesetzes. Berlin, J. Guttentag, 1908. 39 p.

6 Tingle, E. M. S. Germany's claims on German-Americans in Ger-
many. Philadelphia, 1903-

COLONIAL LAW I 77

The history of German canon law is treated in two volumes
by Prof. Edgar Loening,1 of Dorpat. They appeared in 1878.
Prof. Rudolph Sohm,2 of Leipzig, published the first volume
of a treatise on canon law in 1895, as a part of the Binding
series. This work of Sohm's has received careful treatment
in English in a book by Walter Lowrie.3 Prof. Emil Fried-
berg/ an authority on the subject, published the sixth edition
of his well-known treatise in 1909. The late Prof. Paul
Hinschius,5 of Berlin, published his extensive work between
1869 and 1897. His death cut short the completion of the
work, which ended with the fust part of volume 6. An excel-
lent history of the sources and literature of canon law covering
the period from Gratian to the present day, was published by
Prof. Johann von Schulte," of Bonn. The work consists of
three volumes in four, published in Stuttgart, 1875-1880.
Two useful treatises on canon law are those by Hergenrother,7
and by Heiner.8

COLONIAL LAW

A collection of the imperial laws relating to the German
protectorates and colonies is published under the title Die

1 Loening, Edgar. Gcschichte des deutsehen kirchenrechts. Strassburg

and Tubingen, 1878. 2 v.

2 Sohm, Rudolf. kirchenrecht. I^eipzig, Dunckcr & Humblot, 1892.

v. 1.

3 Lowrie, Walter. The church and its organization in primitive and

Catholic times; an interpretation of Rudolph Sohm's Kirch
v. 1. New York, London, Longmans, 1004.
1 Friedbcrg, Emil. Lehrbuch des katholischen u. protestantischen
kirchenrechts. 6th ed. Leipzig, Tauchnitz, 1909. 656 p.

6 Hinschius, Paul. Das kirchenrecht der katholischen u. protest. mteii in

Deutschland. Berlin, Guttentag, 1869-1X117 (incomplete), v. I-VI.
"Schulte, John Fr. von. I lie geschichte der quellcn u. liter.dur des
eanonisehen rechts. Stuttgart, 1875-80. 3 v. in 4.

7 Hergenrother, P. Lehrbuch des katholischen kirchenrechts. aded.,

by Hollweck. Freiburg, Herder, 1905. 040 p.

8 Heiner, Frz. Katholisches kirchenrecht. v. I, 5th ed. Paderbom,

Selioningh, 1900. 419 p.

29774° 12 12

178 GUIDE TO THE LAW OF GERMANY

deutsche kolonialgesetzgebung,1 edited by Kobner and Gerst-
meyer. Ministerial decrees, ordinances and international
agreements relating to the subject matter are reported in full.
The thirteenth volume was published in 1911. An able
little work on the legal position of the German protectorates,
especially as affected by the new Civil Code, is that by
Dr. Karl von Stengel,2 the noted authority on adminis-
trative law. An introduction to German colonial law, by
Hoffmann,3 has recentlv been published. Prof. Gareis,4 under
the title Deutsches kolonialrecht has published an interesting
work dealing with the law and legal position of the German
colonies and protectorates. A periodical which devotes some
attention to colonial law is Beitrdge zur kolonial politik , founded
in 1899, and issued since 1905 under the title Zeitschrift fur
kolonial politik, kolonialrecht u. kolonialwirtschajt. It is edited
by the secretary of the Deutsche Kolonialgesellschaft, and
published at Berlin by Siisserott.

ADMINISTRATIVE LAW

Much valuable information on German administrative law
is contained in the excellent work of Prof. Goodnow, Compara-
tive administrative law (New York, London, Putnam's, 1893,
2 vol.). The leading work on the subject in Germany is gen-
erally admitted to be Prof. Otto Mayer's5 Deutsches verwaltungs-
rccht. General administrative law has remained a most diver-
sified system, despite the unification of the Empire and the

1 Die deutsche kolonial-gesetzgebung. Edited by Kobner & Gerst-

meyer. Berlin, Mittler, 1893 ff., 13 v. and continuation.

2 Stengel, Karl F. von. Die rechtsverhaltnisse der deutschen schutz-

gebiete. Tubingen, Mohr. 1901. 239 p.

3 Hoffmann, H. Edler v. Einfuhrung in das deutsche kolonialrecht.

Leipzig, Goschen. 1911. 231 p.

4 Gareis, Karl. Deutsches kolonialrecht. 2d ed. Giessen, E Roth,

1902. 238 p.

5 Mayer, Otto. Deutsches verwaltungsrecht. Leipzig, Duncker& Hum-

blot, 1SQ5-96. 2 v.

ADMINISTRATIVE LAW I 79

codification of its civil law. Prof. Mayer's work is distinguished
from all the others on the subject by the fact that it is written
from a legal point of view, rather than from that of adminis-
trative science and economics. It is a book for the lawyer,
much like Laband's larger work on public law. It appeared in
the Binding series. The general part deals with the historical
development of administrative law and the general organiza-
tion of public agencies of administration, their bases, procedure,
and special legal institutions, such as the responsibility of the
state for acts of its officers. In a special part, the author deals
with police and finance, after which follows the civil law divi-
sion of things {Sachenrecht), certain kinds of obligations, and
juristic persons in public law. Prof. Mayer is one of the few
publicists who write equally well in two languages. He pub-
lished his work in a four volume French edition ' in 1 903-1 906.
Another notable work is that by the late Prof. Georg Meyer,2
of Heidelberg, written from the standpoint of public adminis-
tration. It is intended as a supplementary work to his treatise
on public law {supra, p. 172). The work contains the following
broad divisions: First, general doctrines and internal affairs,
including public welfare measures; second, external adminis-
trative affairs or foreign relations; third, military matters;
and fourth, finance. The third edition, edited by Dr. Fran/
Dochow, appeared in 1910. A recent work by Fleiner,3 to
judge from the book reviews, promises to be one of the most
important in the field. The writer has, as yet, been unable
to obtain this book.

1 Mayer, Otto. Le droit administratif allemand. Ed. francaise par

l'auteur, avec une preface de H. Berthelemy . . . Paris, V. Giard

X- E. Briere, 1903-06. 4 v.
'Meyer, Georg. Lehrbuch des deutschen vervraltungsrechts. 3rd ed.

by Franz Dochow. Leipzig, Duncker & Humblot, 1910. 762 p.
' Fleiner, Fritz. Institutionen des deutschen verwaltungsrechts.

Tubingen, Mohr, 191 1. 358 p.

1 SO GUIDE TO THE LAW OF GERMANY

A jurist closely identified with administrative law is Prof.
Karl von Stengel.1 His treatise on the subject is now some-
what antiquated in view of the great progress in social legisla-
tion and improvement of administrative detail which Germany
has witnessed within the last 20 years. His OiieUensammlung-
of administrative law (1902), volume 3 of the collection edited
Ijv Profs. Triepel and Zeumer (supra, p. 175) is a valuable
source of information for the more important statutes and
regulations of an administrative character. Perhaps his best
known work is his Worterbuch :i which, in two volumes and three
supplements, appeared in 1 890-1 898. The celebrated Diction-
naire dr l' administration francaise of Maurice Block was its
prototype. In the form of an alphabetical dictionary, it is a
valuable reference work on all questions of administrative
law. The first volume of a new edition, by Fleischmann,
now enlarged to include constitutional law, appeared in
1910. Prof, von Mohl4 wrote a scholarly work on adminis-
trative law which, though old, is still useful for its theories.
For the same purpose, Gneist'swork is still important (supra,
note, p. 173). Larger works, encyclopedias or collections of
administrative laws, dealing especially with Prussia, have
been published under the general editorship of Bittner (2d ed.,

2 vol., 1911), Illing(9thed., 4 vol., 1 905-1908), and Brauchitsch
(21st ed., 7 vol., 191 1-), and are mentioned here only in
passing.

A collection of decisions construing important administra-
tive laws (except those dealing with social insurance) is pub-

1 Stengel. Karl Michael Joseph Leopold von. Lehrbueh des deutschen

verwaltungsreehts. Stuttgart, F. Enke, 1886. 459 p.

2 Stengel, Karl. Quellensammlung zum verwaltungsrecht des Deut-

schen Reiehes. Leipzig, C. L. Hirschfeld, 1902. 558 p.
1 Stengel, Karl F. Worterbuch des deutschen verwaltungsreehts. 2 v.

& 3 supplements. Freiburg, 1890-98. New edition, 1910-, by

Fleischmann.
4 Mohl, Robert von. Die polizei-wissenschaft nach den grundsatzen

des rechtsstaates. 3rd ed. Tubingen, 1S66. 3 V.

ADMINISTRATIVE LAW l8l

lished by Kamptz1 and Delias. It is a kind of continuation
or supplement to the reports of the Prussian supreme admini
strative court, and is considered of value in connection with
the study of questions on administrative law. The third
volume appeared in 1910.

Procedure before administrative courts has been the sub-
ject of some excellent treatises. That by Dr. O. von Sarwey,'
although written in 1880, is still valuable for its critical dis-
cussion of principles. A critical study of administrative theo-
ries and jurisdiction was published by Prof. Tezner,' of Vienna
(Berlin, 1901). A practical work, free from theoretical and
critical discussions, is that by Frilz Kunze,' privy councillor,
dealing with procedure before courts in all classes of admin-
istrative matters. Dr. Georg Bartels'' has also published a
practical work on the subject which contains a useful table of
jurisdictions, administrative actions, and remedies. A prop-
osition is now being advanced, particularly by the Deutsche
Juris tentag, for the establishment of an imperial supreme
administrative court. The court for the decision of juris-
dictional conflicts between the ordinary judicial tribunals and
the administrative courts sits in Berlin, and while called on
only upon occasion, its decisions are of much importance

1 Kamptz mid Delius. Die rechtsprecliung des Reichs und Kam-

mergerichts auf den gebieten des ofientlichen rechts, unter berilck
sichtigung der entscheidungen >l<r oberlandesgerichte und des ober-
tribunals; hrsg. von B. v. Kamptz . . . und Dr. H. Delius . . .
Berlin, C. Hey mann 's verlag, 1906-1910. ,i v. to 1910.

2 Sarwey, 0 von. Das dSentliche recht u. die verwaltungsrecht

pflege. Tubingen, Laupp, [880. 700 p.

3Tezner, Friedrich. Die deutschen theories <tir verwaltungsrechts
pflege. Bine kritisch orientirende studie. Berlin, C. Hey mann,
1901. 311 p.

'Kunze, Fritz. Das verwaltungstreitverfahren. Berlin, J. Gul
tentag, njo<s, 625 p.

6 Bartels, Georg. Das verfahren vor den verwaltungsgerichten. Ber-
lin, C. Heymann's verlag, 1907. 230 p.

1 82 GUIDE TO THE LAW OF1 GERMANY

They are collected in a work by Dr. Otto Stolzel,1 published
in 1897. This court recently passed upon the important
von Hellfeld case, which raised the question of the jurisdic-
tion of German courts over a foreign State (Russia) in the
matter of a counterclaim, in a suit where that same foreign
State was originally the plaintiff. A translation of the deci-
sion is printed in the American Journal of International Law,
April, 191 1, pages 490-519. On this case the opinions of
some leading publicists were secured by the German Govern-
ment and are published in one volume by Profs. Brie,3 Fischer,
and Fleischmann.

A work on extradition, dealing especially with the practice
as it affects Germany and German courts, reference being
made to treaties and decisions, was published by Dr. Hans
Delius.3 The larger and more scholarly work of Prof, von
Martitz,4 of Berlin, deals with the question from a broader
aspect. Consular jurisdiction is dealt with in a well-known
work by Dr. Konig,5 the seventh edition of which in two vol-
umes appeared in 1909.

A recent work by Kormann''' on the act of State in adminis-
trative law has attracted favorable attention. Prof. Piloty,
in an extended review of the book in the Archiv jiir offent-

1 Stolzel, O. Rechtsprechung des Gerichtshofs zur entscheidung der

kompetenzkonflikte. Berlin. C. Heymann, 1897. 638 p. Supple-
ments 1899 and 1906.

2 Brie, Fischer & Fleischmann. Zwangsvollstreckung gegen fremde

staaten und kompetenzkonflikt in anschluss an den fall Hellfeld.
Breslau, M. u. H. Marcus, 1910. 184 p.

3 Delius, Hans. Das auslieferungsrecht, unter besonderer beriick-

sichtigung der stellung des ausgelieferten vor dem erkennenden
gericht, fur die praxis der deutschen justizbehorden. Hannover,
Hehvingsche verlagsbuchhandlung, 1899. 106 p.

4 Martitz, von. Internationale rechtshilfe in strafsachen. Leipzig,

1888-1897.
2 v.

5 Konig, B. W. Handbuch des deutschen konsulanvesens. 7th ed.

Berlin, Decker, 1909. 2 v.

6 Kormann, Karl. System der rechtsgeschaftlichen staatsakte. Ber-

lin, J. Springer, 1910. 422 p.

ADMINISTRATIVE LAW I S3

Itches recht, volume 28, pages 384-401, considers it one of the
most important works on public law published in recent years.

The State as a corporation in public law was the subject of
a monograph by Prof. Otto Mayer ' which appeared in Laband's
I'eslgabe above mentioned. Prof. Julius Hatschek,2 of Hei-
delberg, has also published an interesting monograph on the
legal position of the State as a fiscus.

It is left to the several States of Germany to determine
whether redress against acts of the administration and its offi-
cers shall be sought in the ordinary tribunals or in specially
organized administrative courts. The imperial law of public
officers, therefore, does not deal with this jurisdictional ques-
tion, nor with other questions left to local regulation. A com-
mentary on the most recent statute on the subject, that of
.May 17, 1907, was published by Dr. A. Schulze3 (Leipzig, 1908).
This statute contains provisions concerning the civil sen-ice
pensions of public officers and employees. The recent act of
May 22, 1910 {Reichsgesetzblatl 1910, pp. 798-800), governs
the responsibility of the State for the acts of its officers.

An important administrative law is the poor relief act.
Poor relief was originally provided for bj the law of
June 6, 1870, and is now embodied in the provisions of
the act of May 30, 1908, in force April 1, 1909 (G
uhcr den U titer stiilzungswohnsitz). It provides that poor
destitute Germans must In- supported by the community of
their domieil, and must be returned to that place. The
acquirement "I" domieil, the lights and duties of the indi

' Mayer, Otto. l>ii juristische person und Hire vcrwertbarkeit im
offentliclien recht. Tubingen, J. C. B, Mohr (P. Siebeck), 1908.

94 P-
2 Hatschek, Julius. Die rechtliche stellung des fiskus im Burgei

lichen gesetzbuche. Bine studie im grenzgebiete des priv.it und

Sffentlichen rechts. Berlin, C. Heymann, 1899. 57 p.
'Schulze, A. Reichsbean von 17. 5. 07. Leipzig, Ross

berg. 1908. 538 p. (Juristische Handbibliothek, Bd. 276.)

184 GUIDE TO THE LAW OF GERMANY

vidual, the administration of the poor relief and related
questions are all dealt with by the law. The appendix to
volume 33 of the report of the Poor Law Commission of Great
Britain, contains a summary of "foreign and colonial systems
of poor relief." Considerable space is given to the German
system. This report is reprinted in the Parliamentary Papers,
and the appendix to volume 33 is also known under its com-
mand number, Cd. 5441.

The leading work on the subject is that by Dr. Georg Eger,1
the sixth edition of which appeared in 1909. The act of
March 15, 1909, concerning the effect on public rights of an
omciallv declared destitute person is noticed. Dr. Eger's
work is annotated with the decisions of the Bundesamt within
whose jurisdiction lies the determination of questions arising
under this law of poor relief and domicil. The decisions
themselves are published officially in a series known as the
Entscheidungen dcs bundesamts fur das heimathwesen? which
was begun in 1873, 42 volumes having been published up
to 1 9 10. The decisions are arranged in accordance with the
sections of the act which they construe.

The more important administrative laws over which the
Empire has jurisdiction, are noted in the works mentioned
and are usuallv contained in small annotated editions in the
Guttentag'sche Sammlung and other collections of that type.

The most important periodicals on public law are the
Archiv fur offentliches recht,3 founded in 1886, edited by

1 Eger, Georg. Das reichsgesctz iiber den unterstiitzungswohnsitz vom
30 Mai 1908, giiltig vom 1, April 1909. 6th ed. Breslau, Kern,

1909. 548 p-
- Entscheidungen des bundesamtes fur das heimathwesen. Edited by

von Wohlers. . Berlin, F. Vahlen, 1873-1912. 44 v. and cont.
3 Archiv fur offentliches recht. Freiburg i. B. (etc.) Akademische

varlagsbuchhandlung von J. C. B. Mohr (P. Siebeck) 1886-1910.

26 v. and cont.

PIBI.1C LAW 185

l'rofs. Laband, Stoerk, and Mayer; the Verwaltwngs-archiv,1
dealing entirely with administrative law, founded in 1892,
edited hySehultzensteinand Keil; the Jahrbuch des verwaltungs-
rechts* edited by Prof. Stier-Somlo; Soergel's Jahrbuch
der rechtsprechung zum verwallungsrecht,3 in which the decisions
of the administrative courts are reported annually from
1909 on; the well-known Zcitschrijt fur das privat und offent-
liche rechl der gegenwart,4 edited by Prof. Griinhut, of Vienna;
the Zeitschrift fur politik,6 edited by Profs. Schmidt, of Frei-
burg, and Grabowsky, of Berlin, published since 1908; the
Zeitschrift fur volkerrecht und bundessiaatsrecht," founded in
1906, under the editorship of Profs. Kohler of Berlin, and
Oppenheim of Cambridge, and devoted in large part to inter-
national law; the oldest of all, the Zeitschrift jur die gesammte
staatswissenschaft? founded by Mohl in 1844, now edited by
Prof. Biicher of Leipzig; the Annalen des Deutscken Reichs,8
known as Hirih's Annalen, founded in 1867; the Archil) fur
soziali >h setzgebvmg und slatistik '■' founded in 1889 and edited

1 Verwaltungsarchiv. Zeitschrift fur verwaltungsrecht und verwal-
tungsgerichtsbarkcit. Hcrausgegcbcn von M. Schultzenstein u. A.
Keil. Berlin, C. Heymann, [893-1910. 18 v. and com.

'Jahrbuch des vcrwaltungsrechts. Jahrg. 1-6, 1905-1910. Berlin, F.
Vahlen, 1907-1911, 6 v. and emit.

'Jahrbuch der rechtsprechung zum verwaltungsrecht, enthaltend die
gesamte rechtsprechung zum reichs und landesrechtlichen verfas-
sungs-, verwaltungs- und versicherungsrecht r-3 jahrg., 1007-1910.
Stuttgart, Deutsche verlagsanstalt, 1909-1911. 3 v. and cont.

4 Zeitschrift fur das privat- und Sffentliche recht der gegenwart. Her-

ausgegeben von Grunhut. Vienna, Alfred Holden, 1.S74-1Q10. v.
1-38 and cont.

5 Zeitschrift fur politik. Hrsg. v. Richard Schmidt und Adolf Gra-

bowsky. Berlin, Heymann, 1008 and cont.
' Zeitschrift fur volkerrecht u bundesstaalsrecht. Hrsg. v. Josef Kohler

u L. Oppenheim. Breslau, J. Y. Kern, njo; and cont.
7 Zeitschrift fur die gesammte staatswissenschaft, founded by Mohl in

1844. Tubingen, H. Laupp, 1845 and cont.
'Annalen des \ord- 1 leutschen Hundes, now Annalen des Dcutchen

Reichs. Berlin S: Mum-hen. Schweitzer, 1867 and cont.
" Archiv fur sozialc gesetzgebung u. statistik. Tubingen, Mohi, 1889

and cont.

1 86 GUIDE TO THE LAW OF GERMANY

by Dr. Heinrich Braun; and lastly, the Jahrbuch fur gesetzge-
bung,1 founded by Holtzendorff and Brentano in 1872, and
edited after 1881 by Prof. Schmoller. The last four periodi-
cals devote more attention to economics than to public law.

MISCELLANEOUS

A few general publications merit attention. The most
important are the volumes reporting the meetings of the
German Bar Association,'- founded in i860 by Prof. Holtzen-
dorff. These volumes, four or five of which appear for each
meeting — there have now been 30 — constitute a valuable
source of information for all current legal problems that oc-
cupy the German nation and German lawyers. It is really a
periodical of much weight. A report of the proceedings and
discussions of the Bar Association, together with its resolutions
and the practical results of its debates and their influence on
legislation, was published by Judge Thomsen 3 in 1885, on
the occasion of the twenty-fifth anniversary of its organization.
In 1910, to commemorate the fiftieth year of its existence,
Judge Theodor Olshausen * prepared a similar work, which
gives a synopsis of the nroceedings of the association under
the different branches of law discussed.

A highly esteemed theoretical work of a general character,
upon the development of law through the Influence of the

1 Jahrbuch fur gesetzgebung, founded by Holtzendorff and Brentano

in 1872, edited after 1881, by G. Schmoller. Leipzig, Duncker &
Humblot, 1872 and cont.

2 Deutscher juristentag. Verhandlungen des 1-30. Deutschen juristen-

tages. Hrsg. von dem schriftfuhrer-amt der standigen deputation.
Berlin, G. Jansen, 1860-1900.

3 Thomsen. Gesammtbericht uber die thatigkeit des Deutschen juris-

tentags in den 25 jahren seines bestehens, 1860-1885. Berlin.
Commissions-verlag von J. Guttentag (D. Collin) 1885. 240 p.

4 Olshausen, Th. Der deutsche juristentag. Berlin, Guttentag, 1910.

501 p.

MISCELLANEOUS 1 87

law speaker, "responsa," and judicial interpretation, was
written by Dr. Adolf Stolzel.1

A dictionary of English law for German lawyers was pre-
pared by Karl Wertheim 2 in 1899. It may on occasion be
found useful in investigating specific subjects in German law.

Attention must also be called to collections of monographs,
usually published on the occasion of the decennials of birth-
days or doctorate anniversaries of prominent jurists, or the
anniversary of important academic events, such as the recent
centennial anniversary of the establishment of the University
of Berlin, and the five-hundredth anniversary in 1909 of the
founding of the University of Leipzig.'1 On these last two
occasions the firm of Otto Liebmann published two large
works, giving the history of the law faculties, with biographi-
cal notes, and including important documents showing the de-
velopment of the department of law. Anaccountof the history
of the faculty of law at Berlin, with biographical and biblio-
graphical notes, appeared in the A utsclu Juristenzeitung, 1910,
Heft 20, columns 1097-1200. Anumberof the more important
Festgaben (jubilee volumes) which have recently appeared,
are those dedicated to Prof. Karl Giiterbock ' whose " Bracton
and his relation to the Roman law" is well-known to American
lawyers; to Prof. Gierke"' of Berlin, the eminent Germanist;

1 Stolzel, Adolf. Dieentwicklungdergelehrtenrechtsprechung. Berlin,

Vahlen, 1901-1910. 2 v.
Wertheim, Karl. Wortcrbueli rles englischen rechts. Berlin, Putt-

kammer & Miihlbreeht, 1899. 575 p.
'Liebmann, 0. Die juristische fakultat der Universitat Berlin von

ihrergrttndung bis zurgegen wart. Berlin, 0. Liebmann, 1910. 526 p.
Liebmann, O. Festgabe der deutschen juristen-zeitung zum 500 j&h-

ri^en jubilaum der Univ. Leipzig, 1909.
* Festgabe fur Dr. Karl Giiterbock . . . zur acMzigsterj wiederkehr

seines geburtstages dargebraeht von fruheren und den gegenwarti-

gen angehorigen der fakultat. Berlin, Franz Vahlen, nno. 'mo p.
■Festgabe <ler Berliner juristischen fakultat fair Otto Gierke zum

doktor-jubiluuni am 21. August 1910. Breslau, Marcus, 19 10. 3V.

1 88 GUIDE TO THE LAW OF GERMANY

to Prof. Heinrich Brunner, ' the legal historian; to Prof.
Binding,2 the noted jurist of Leipzig; and to Prof. Kohler,3
the most versatile legal scholar of the present day.

We can not leave a survey of German legal literature with-
out mentioning the names of jurists, all of whose works may
be said to occupy a prominent place in the history of legal
development in Germany. The names of Hugo, Savigny,
Haubold, Heffter, Zachariae, Mohl, Bluntschli, Beseler,
Mommsen, Gneist, Fcucrbach, Mittermaier, Goldschmidt,
Bekker, Windscheid, Puchta, Jhering, Dernburg, von Bar,
Stammler, Wachter, Wach, Laband, Jellinek, Brunner, Gierke
and Kohler stand as lasting monuments to the preeminent
legal scholarship of the German nation.

1 Brunner, Heinrich. Festschrift Heinrich Brunner zutn 70. geburtstag

dargebracht. Weimar, Bohlau, 1910. 842 p.
0 Binding, Karl. Festschrift zu Karl Binding zum 70. geburtstag 6.

6. 1911. Leipzig, W. Engelmann. 1911. 2 v.
3 Rechtswissenschaftliche beitrage. Juristische festgabe des auslandes

zu Josef Kohler's 60. geburtstag. Stuttgart, F. Enke, 1909. 202 p.

GLOSSARY OF GERMAN LEGAL TERMS

Avista. Sight bill.

Abhandlung. Essay, treatise.

Abkommlinge. Descendants.

Abladung. Unloading, deliver)', discharge.

Ablauf der Zeit, Expiration or lapse of time.

Ablchnung. Disclaimer, challenge (of a juror).

Ablosungssumme. Redemption sum

Abschworung. Abjuration.

Abstrakter \'ertrag. Abstract agreement .

Abtretung. The assignment of a right.

Abzahlungsgeschaft. "Hire-Purchase" agreement.

Advokat. Attorney at law.

Aechtung. Outlaw ry.

Aergerniss. Breach of the peace.

Akkordvertrag. Piece wage.

Akten. Legal papers, documents.

Aktiengesellschaft. Share company or stock company.

Aktionniir. Stockholder, shareholder.

Alimente. Alimony.

Altersversicherung. Old-age insurance.

Amortisation. Amortisation, legal extinction (of a bill).

Amtsanwalt. Official, government, or district attorney.

Amtsgcricht. District court.

Amtsunfahigkeit. Incapacity to hold public office.

Amtsuntcrschlagung. Embezzlement of public funds.

Amtsvergehcn. Delinquency in office, malversation in the discharge of

official duties.
Aneignung. Acquisition of ownership.

Anerbenrecht. Right of inheritance iindcr the local law of a district.
Anerkannte Rcchnungsaufstellung. Account stated.
Anerkennung. Acknowledgement, legitimation, authentication.
Anfall der erbsehaft. Devolution of the inheritance.
Anfall des vermaehtnisses. Devolution of a legacy.
Anfechtbar. Voidable.

Anfechtungsgegner. Party subject to having his act declared voidable.

Anfechtungs(recht igesetz I. aw as to avoidance of transactions intended

to defeat creditors.
Angeklagter. Accused person, defendant.

189

190 GUIDE TO THE LAW OF GERMANY

Angemessene Frist. Reasonable time.

Angeschuldigter. Accused person.

Angewiesener. Drawee.

Anklagebeschluss. Indictment.

Anklageschrift. Indictment.

Ankindung. Adoption.

Anmeldung. Notice, notification.

Annahme. Acceptance.

Anspruch. Claim, right of action.

Anstalten. Institutions.

Anstifter. Abettor.

Anteilsberechtigte Abkommlinge. Participating descendants.

Antrag. Information, proposal, motion.

Antragsdelikt. Offense which can be prosecuted only on the relation

or information of the person injured.
Anwachsungsrecht. Rights accruing by reason of survivorship.
Anwalt. Attorney, advocate.
Anweisender. Drawer.

Anweisung. An order to pay a sum of money, or to deliver a thing.
Anweisungsempfanger. Payee.
Anzeige. Information, notification.

Arbeiterrecht. Labor laws, laws governing workmen and employes.
Arbeitsvertrag. Labor contract.

Arglist. Aggravated liability attached to intentional default.
Arglistig. With intent to deceive.

Arglistige Tauschung. Misrepresentation with intent to deceive.
Armenrecht. Right to appear as poor person, judicial assistance to a

poor litigant.
Aufgebot. Public notice.
Aufgebots verf ahren . Procedure by public summons, proceeding by

public citation.
Aufhebung der ehelichen Gemeinschaft. Dissolution of the conjugal

community, or judicial separation.
Auflage. (1) A burden imposed on a donee or legatee, testamentary

burden; (2) edition.
Auflassung. Conveyance by agreement of real property.
Auflosung. Dissolution.
Aufrechnung. An independent right of set-off against a creditor, before

action brought; settlement, adjustment, squaring of an account.
Aufschiebende Bedingung. A condition precedent.
Aufschub. Suspension (of sentence).
Aufsichtsrat. Board of supervision.

Auftrag. Mandate, or agreement! for unremunerated services.
Auftraggeber. The mandant, at whose request unremunerated services

are given.
Auseinandersetzung. Right of co-heir to claim partition of the estate;

liquidation of association or corporation.

GLOSSARY 191

Ausfertigung. Drawing up, execution (of a deed or instrument).

Ausf iihrungsgesetz . Law in execution of another law or act; statute
providing for the introduction of the new law

Ausgleichungspflicht. Hotchpot liability.

Ausladung. Discharge, unloading.

Auslagen. Disbursements.

Auslander. Alien.

Auslegung. Construction.

Auslicferung. I{x tradition.

Auslobung. A public promise of a reward for a specified act.

Ausscheiden. Withdrawal or retirement (of a partner, etc.).

Ausschlagung der erbschaft. Disclaimer of an inheritance.

Ausserungstheorie. " Doctrine of utterance, " that in making a contract,
the intent to be bound is communicated upon dispatch of the message.

Ausstattung. 1 1 1 The particular way in which goods are packed or made
up (trade-mark cases). (2) Property transferred by a parent to a
child, for the purpose of founding a home or establishing a position
in life for such child, advancement.

Aussteller. Drawer, maker.

Ausstcuer. "Outfit," usually provided by a father on the marriage of
his daughter.

Auswanderung. Emigration.

Ausweisung. Expulsion.

Ausziige. Abstracts.

li.mkdepotgesetz. Law regulating deposit of securities with banks, etc.

Barraterie. Barratry.

Beamte. Public officer.

Beauftragtc, der. Mandatary or person who performs unrcmunerated
services for another.

Bedingtes Rechtsgcschaft. An act subject to a condition.

Bedingung. A condition.

Bedingung, auflosende. A condition subsequent.

Bedingung, aufschiebende. A condition precedent.

Bedingung, notwendige. A necessary condition.

Bedingungen, uneigentliche. Unreal conditions (conditions in appear-
ance only).

Bedingung, unmoglichc. Impossible condition.

Bedrohung. Threat.

Befordcrung. Conveyance.

Befrachter. Charterer.

Befrcite Vormundschaft. Exempted guardianship.

Befristetes rechtsgcschaft. Act subject to a stipulation as to timi

Bcgnadigung. Pardon.

Begunstiger. Accessory] abettor.

Begiinstigung einzelner glaubiger. Favoring on.- credit .r :is against
others, paying preferred creditor.

Beischlaf. Cohabitation.

192 GUIDE TO THE LAW OF GERMANY

Beitragspflichtige Werthe. Contributory values.

Belastetes Grundstiick. Servient tenement.

Bereicherung, ungerechtfertigte. Unjustified benefits, unjust enrich-
ment.

Bergelohn. Reward in the case of salvage.

Bergrecht. Mining law.

Bergung. Salvage.

Berufung. Appeal (of a decision of first instance).

Bescheinigung. Attestation.

Beschlagnahme. Sequestration, seizure.

Beschluss. Resolution, decision, decree.

Beschrankte Gesehaftsfahigkeit. Restricted disposing capacity of a
person.

Beschrankte personliche Dienstbarkeiten. Restricted i limited) personal
servitudes.

Beschuldigter. Prisoner, defendant.

Beschwerde. Complaint; Appeal from a Beschluss (decree "l, generally
on facts and law.

Beseitigung. Annulment or revocation.

Besitzdiener. Possessor's servant, or he who has possession for another.

Besitzgehilfe. Possessor's assistant, or he who has possession for another.

Bestallung. Certificate of appointment of a guardian.

Bestandteil. Component part.

Bestechung. Bribery.

Besteller, der. The employer.

Bestimmungsort. Place of destination.

Betrug. Fraud, deceit.

Betriiglicher Bankerott. Fraudulent bankruptcy.

Beurkundung. Verification, authentication (public).

Bevollmachtigter. Agent or attorney with full powers.

Bewegliche Sachen. Movables.

Beweis. Information, proof.

Beweisaufnahme. Taking of testimony.

Bezogener. Drawee.

Bilanz. Treasury balance, balance sheet.

Bildende Ktinste. Formative arts (copyright).

Billigkeit. Equity, justice.

Binnenschiffahrtsrecht. Inland navigation.

Blaubiicher. Blue books.

Blutsbriiderschaft. Cognates (fraternity by blood).

Blutschande. Incest.

Bodmerei. Bottomry.

Borsengesetz. Stock Exchange Act.

Bosliche Schadigung. Damage done recklessly.

Boswilligkeit. Aggravated liability attached to intentional default.

Bote. A Messenger.

Botschafter. Ambassador.

GLOSSARY 1 93

Brandstiftung. Arson.

Buchforderung. Uncertificated claim.

Budnerreeht. Right of cottager, which is heritable.

Bundesstaat. State (of the German Confederation).

Bundesstaatsrecht. Constitutional law of the (German) Confederation.

Burge. Surety.

Biirgerliches Gesetzbuch (abbreviated B. G. B.). Civil Code.

Biirgerliches Recht. Civil law.

Biirgsehaft. Guarantee, surety, bail.

Busse. Mulet, assessment of money damages, fine.

Chartepartie. Charter party.

Chikaneverbot. Prohibition of chicanery, or prohibition of the exercise
of a right which can have no purpose except the infliction of injury
on another.

Creditauftrag. An instruction to give credit ^o a third party).

Darlehen. A loan of money or fungibles.

Darlehnsgeschaft. Loan transaction.

Delikt. Tort.

Despacheure. Average staters (Average adjusters who act in the case of
general average of a ship's cargo).

Destinatiir. Cestui que trust.

Diebstahl. Larceny.

Dienendes Grundstiick. Servient tenement.

Dienstbarkeiten. Servitudes.

Dienstberechtigte, der. Employer.

Dicnstleistung, der zur, Verpfiichtete. Employee.

Dienstverlrag. An agreement for services.

Dinglieher Vertrag. Real agreement (referring to property).

Dingliches Recht. Rial right referring to a tangible thing).

Dispachirung. Adjustment.

Doppelehe. Bigamy.

Draufgabe. Payment of earnest money.

Draufgeld. Earnest mom \ .

Dreissigsten , Recht des. The right in the absence of a contrary ti
military disposition) of such of tin- members of the family ol the
deceased as belong to his household at the time of his death, to be
maintained during the first 30 days after tin- death of tin- deceased,
in tile same manner as they were maintained l>v the deceased, .nid
to use tlie dwelling place of the deceased and the household articles
contained therein.

Drohung. Threats.

Durchstreichung. Cancellation.

Ediktalzitation. Service (or citation) by publication.

Ehe. Marriage.

Lhibruch. Adultery.
29774°— 12 13

194 GUIDE TO THE LAW OF GERMANY

Ehegiiterreclit. Matrimonial regime, or effect of a marriage on the
property owned by each of the spouses at the date of the marriage
or subsequently acquired.

Eheliche Lebensgemeinschaft. Conjugal community.

Eheliches Giiterrecht. Matrimonial regime, or effect of the marriage on
the property owned by each of the spouses.

Ehelichkeitserklarung. Legitimation by order of a public authority.

Ehescheidimg. Divorce.

Eheschliessung. Celebration of marriage.

Ehevertrag. Marriage contract.

Ehrenannahme. Acceptance for honor.

Ehrenkrankung. Slander, defamation.

Ehrenrechte. Civil rights and privileges.

Eid. Oath.

Eigenhandiges Testament. Holograph will.

Eigensbesitzer. Proprietary possessor.

Eigentum . Ownership.

Eigentum zur gesamten Hand. Coownership.

Eigentiimerhypothek. A charge in favor of the owner of mortgaged
property.

Eigentumergrundschuld. A charge in favor of the owner of mortgaged
property.

Eigenwechsel. Promissory note.

Einfuhrungsgesetz. Law by way of introduction, or introductory
statute.

Eingebrachtes Gut. Property of the wife which under normal circum-
stances comes under the husband's power of management; contrib-
uted property.

Eingetragener Yerein. Registered society.

Einigung. Real agreement (referring to tangible property).

Einrede. Exception, plea, caveat.

Einrede der Yorausklage. Plea of "Beneficium excusionis," or right of
the surety to require the creditor to prove that he has obtained a
judgment against the principal debtor and that his attempt to enforce
it was unsuccessful.

Einspruch. Exception, objection.

Einstweilige verfiigung. Provisional decree.

Eintragungsbewilligung. An authority for registration.

Einwilligung. Assent, consent; approval.

Eisenbahnrecht. Railroad law.

Elterliche Gewalt. Parental power.

Empfanger. Receiver, donee.

Empfangsbediirftige Willenserklarung. A declaration of intention
requiring communication.

Empfangstheorie. "Doctrine of receipt," that in making a contract,
communication of the intent to be bound is incomplete until the
message is received by the addressee.

GLOSSARY 195

Endurtheil. Definitive or filial sentence.

Entfiilirung. Abduction.

Entlassung. Discharge.

Entmiindigung. Placing under guardianship.

Entmundigungsrecht. Law of establishment of guardianship over

person incapable of managing his own affairs.
Entsclieidung. Decision, judgment, award, verdict.
Erbbaurecht. Heritable building right.
Erbe. Heir.

Erbfall. Accrual of inheritance.
Erbfolge. Succession.

Erbfolge nach Stammen. Succession per stirpes.
Erbgut. Hereditament.
Erbpacht. Heritable lease.
Erbschaft. Inheritance.

Krbschaftsbesitzer. Possessor of the inheritance.
Erbschaftskauf. An obligatory agreement by which the heirs jointly

agree to deliver or transfer to the purchaser the specific objects

forming part of an estate.
Erbsehein. Certificate of inheritance.
Erbteil. Share in an inheritance.
Erbunwiirdigkeit. Unworthiness to inherit.
Erbvertrag. Contract of inheritance.
Erbverzicht. Renunciation of inheritance.
Erfullung Zug um Zug. Contemporaneous performance.
Erfullungshalber. Cm account of performance.
Erfullungsinteresse. Interest in the performance of a contract.
Erfiillungsort. Place of performance.
ErfulltmgSStatt. In lieu of performance.
Erganzung des Pllichtteils. Augmentation of the compulsory portion

of the heir.
Erganzungsgeschworenen. Supplementary jurors.
Erkenntnis. Judgment, award, decision.
Erklarungstheorie. Doctrine of " Declared intention," as binding a

person, regardless of his actual intention.
Ermachtigung. Authorization.
Ermittelungen. Discover)-, inquiry.
Erneucrungsschein. Renewal coupon.

ErofTnungsprotokoIl. Minutes of the proceedings, in probate of a will.
Erpressung. Extortion.
Errichtungsprotokoll. Minutes of the proceedings, in executing a will

in public form.
Erningenschaftsgcmcinschaft. Regime of community of income and

profits.
Krsatzcrbe. Substitutional heir.
Krschlichene Ehe. Marriage in which one party has been guilty of eon

cealing a legal obstacle to it or has been guilty of fraud in inducing

tlie other party to contract it.

196 GUIDE TO THE LAW OF GERMANY

Erschwerte Amtsunterschlagung. Falsification of official accounts.

Ersitzung. Acquisition of ownership by long possession; usucaption.

Erwerb von Todeswegen. Acquisition of property mortis causa.

Ervverbs- und Wirtschaftsgenossenschaft. Cooperative society.

Fahrlassigkeit. Negligence.

Fahrnisgemeinschaft. Community of movables.

Falsche anschuldigung. False accusation.

Faustpfand. Pignus (Pledge).

Fehlerhafter Besitz. Faulty possession.

Feldesstreckung. A plan showing the exact position and dimensions of

a mine intended to be acquired.
Fensterrecht. Mutual rights of neighbors concerning windows.
Festsetzung. Assignment (of dower, etc.), establishment.
Feststellungen. Taxation (of costs), determination.
Festungshaft. Confinement in a fortress.
Firma. Firm name.

Fiskus. The State as a business corporation.
Fixgeschaft. Business on fixed terms.
Forderung. Claim, demand, credit.
Forderungsrecht. Chose in action, demand.
Forstrecht. Forest law or regulations.
Fortgesetzte Gtitergemeinschaft. Continued community of matrimonial

property.
Frachtbrief. Way-bill, bill of lading.
Frachtfiihrer. Common carrier.
Frachtgeschaft. Business of carriers.
Frachtverlust. Loss of freight.

Frachtvertrag. Contract of affreightment or charter party.
Freie Yerfiigung. Free disposition.
Freies Vermogen. Free property belonging to a child, in which the

usufruct of the parent is barred; privileged property.
Freiheitsberaubung. False imprisonment, unlawful detention.
Freisprechung. Acquittal.
Freispruch. Acquittal.

Freiwillige Gerichtsbarkeit. Non-contentious jurisdiction.
Freizeichen. A trade-mark in general use.
Friedensbruch. Breach of the peace.
Fruchtabtreibung. Abortion.
Friichte. Fruits.

Friichte eines Rechtes. Fruits of a right.
Friichte einer Sache. Fruits of a thing.
Fundklage. Action of trover.
Gastwirt. Innkeeper.
Gebrauchsmuster. Useful model.
Gebiihren. Fees, costs, dues.

Gefalligkeitswechsel. Accommodation bill of exchange or note.
Gefangnis. Prison, jail.

GLOSSARY 197

Gegen die guten Sitten. Contra bonos mores.

Gegenansprueh. Counterclaim.

Gegenforderung. Counterclaim.

Gegenseitiger Yertrag. Reciprocal agreement.

Gegenstand. Object.

Gegenstandrecht. Law of things (property).

Gegenvormund. Supervising guardian.

Gehiilfen. Assistants.

Gcisteskranke. Insane persons, mentally defective persons.

Geiteskrankheit. Unsoundness of mind.

Geistesschwache. Mental infirmity.

Geldstrafe. Money fine.

Gelegenheitsgesellschaft. Syndicate.

Gcmcindeverwaltung. Local administration.

( .1 rm indevorsteher. Chief communal officer.

(VniL-indewaisenrath. Communal Orphan Council.

Gemeinschaft des beweglichen Yermogens und der Errungenschaft.

Community of movables and of income and profits.
Gemeinschaft nach Bruchteilen. Community (common ownership) by

undivided shares.
Gemainschaft zur gesamten Hand. More intimate community of goods

(e. g. of husband and wife, partnership, etc.i.
Gemeinschaftlicher erbteil. A joint share in an inheritance.
Gemeinschaftliches testament. Joint will.
Genehmigung. Ratification.

Generalversammlung. General meeting of the stockholders.
Genossenschaft. Association.
Gcrechtigkeit. Equity, justice.

Gerichtlichc Beurkundung. Authentication by public act.
Gerichtsakten. Judicial acts; written proceedings; records; rolls of

court.
Gerichtsamt. Court of justice.
Gerichtsbar. Justiciable.
Gerichtsbarkeit. Jurisdiction.

Gerichtsbarkeit, freiwillige. Non -contentious jurisdiction.
Gerichtsbcscheid. Decision, decree, sentence of the court.
Geriehtsbeschluss. Decision, decree, sentence of the court.
Gerichtshandcl. Action, law suit, case, legal proceedings.
Gerichtshof. Court of justice.
Gcrichtsordnung. Rules of court.
Gerichtsschreiber. Clerk of the court.
Gerichtssprache. Legal terminology.
Gerichtsstand. Subject to a court <t fi >r«im
Gi richtsverfahren. Judicial proceedings.
Gerichtsverfassung. Judicial organization, judiciary.
Gcrichtsverfassungsgesetz. Jucjiciarv Act
Gerichtsverhandlung. Judicial proceedings.

1 98 GUIDE TO THE LAW OF GERMANY

Gerichtsverwaltung. Administration of justice.

Gerichtsvollzieher. Bailiff, sheriff.

Gerichtswesen. Judicial affairs, judiciary.

Gerichtszwang. Jurisdiction.

Gesammtglaubiger. Joint creditors.

Gesammtgrundschuld. A collective charge on several independent
parcels of property.

Gcsammtgut. Common property.

Gesammtgutverbindlichkeitcn. Liabilities of the common property.

Gesammthander. Joint owners of property.

Gcsammthypothek. A collective charge on several independent parcels
of property.

Gesammtprokura. Collective procuration or power of attorney.

Gesammtscliuldner. Joint debtors.

Gesammtschuldnerschaft. Bankruptcy.

Gcsammtstaat. Federative empire.

Geschaftsfahigkeit. Full disposing capacity.

Geschaftsfuhrer. Manager, voluntar)' agent.

Geschaftsfuhrung ohne Auftrag. Rendering of voluntary services, or the
conduct of business on behalf of another without his request.

Geschaftsherr. Involuntary principal.

Geschworener. Juror, juryman.

Geschwomenbank. Jury box.

Geschwornenobmann. Foreman of the jury.

Geschwornenverzeichnis. Array.

Gesellschaft. Non-mercantile partnership.

Gesellschaft mit beschrankter Haftung. Partnership with limited lia-
bility.

Gesellschafter. Partners, share-holders.

Gesellschaftsvermogen. Partnership property.

Gesellschaftsvertrag. Articles of association.

Gesetzgeber. Lawgiver, legislator.

Gesetzgebung. Legislation.

Gesetzliche Erben. Statutory heirs.

Gesetzlicher Erbteil. Statutory portion (of an inheritance).

Gesetzlicher Vertreter. Statutory agent.

Gesetzliches Giiterrecht. Statutory regime of matrimonial property.

Gewahrfrist. Specified period of warranty.

Gewahrleistung. Warranty.

Gewerbeordnung. Trade Regulations Act, Industrial Code.

Gewerberecht. Trade laws; industrial regulations.

Gewerbeunfallvcrsicherungsgesetz. Industrial Accident Insurance Law.

Gewerbsmassig. Professionally.

Gewinnanteilsscheine. Dividend warrants.

Gewohnheitsrecht. Customary law.

Giro. Endorsement.

Glaubiger. Creditor (person from whom any act of performance is due).

GLOSSARY 1 99

Glaubigeranfechtung. Creditors' suits, or seizure to prevent assignment

in fraud of creditors.
Glaubiger-Yerzug. Creditor's delaying or refusal to accept the per-
formance tendered by the debtor.
Gotteslasterung. Blasphemy.
Grabschandung. Grave-robbing.
Grobe Fahrlassigkeit. Gross negligence.
Grosse Haverei. General average.
Grand, wichtiger. Cogent ground.
Grundakten. The original or an authenticated copy of every document

filed in support of the application for registration, retained at the

registry.
Grundbuchblatt. Folio in a register.
Grundbuchordnung. Land Registry Act.
Granddienstbarkeit. Real servitude.
Grundschuld. Land charge.

Grundstiick des Berechtigten. Dominant tenement.
Grundstucke. Immovables, real estate.
Grundstiickpfandrechte. Charges (mortgage, land and annuity) on real

property.
Griindungsfonds. Foundation fund .
Gut. Goods, waresand merchandise.
Gutachten. Opinion.
Guter glaube. Good faith.

Giiterrechtsregister. Marriage property register.
Giitertrennung. Separation of goods.
Hafengelder. Port dues.
Haft. Detention, arrest.

Haftbefehl. Order of arrest, writ of attachment against the person.
Haftpflicht. Liability for damages.
Haftung. Liability; responsibility.
Hammcrschlagrecht. The right of the owner of a parcel of land to have

access to the neighboring land for the purpose of affixing planks to

buildings standing on his own land.
H mdelsgericht. Court of commerce.
Handelsgeschaft. Mercantile transaction.
Handclsgcsellschaft. Mercantile association, including corporation as

well as the various kinds of partnership.
Handclsgcsellschaft , offene. A mercantile partnership with unlimited

liability for all the partners.
Handelsgesetzbuch. Commercial Code
Handclskauf. Purchase and sale.
Handelsmakler. Mercantile broker.
Handelsmarken. Trademarks.
Handelsrecht. Commercial law. mercantile law.
Handclsrcgistcr. Register of firms, mercantile associations and traders;

Trade register.

200 GUIDE TO THE LAW OF GERMANY

Handgeld. Earnest money.
Handlungsagent. Mercantile agent.

Handlungsfahigkeit. Capacity for incurring liability in respect of unlaw-
ful acts as well as capacity for acts-in-law
Handlungsgehufle. Clerk.
Handlungslehrling. Apprentice.

Handlungsvollmacht. Ordinary mercantile power of agency.
Hauptmangel. Principal defects.
Hauptsache. Principal thing.

Hauptverfahren. Examination in chief, final hearing or trial.
Hauptverhandlung. Trial.

Hausfriedensbruch. Breach of privacy or peace of the house and home.
Hehlerei. Receiving of stolen goods.
Heimatshafen. Home port.
Heimatwesen. Domicil law (poor relief).
Heiratsregister. Marriage register.
Heiratsversprechen. Promise of marriage.
Hemmung der Verjahrung. Suspension of prescription.
Herrschendes Grundstiick. Dominant tenement.
Heuer. Hire, wages.
Heuervertrag. Contract of hire.
Hinterlegung. Lodgment with a public authority.
Hochverrat. Treason.
Hohere Gewalt. Act of God.
Honorant. Acceptor (of a bill) for honor.
Hiilfeleistung. Maritime assistance.

Hiilfsleistung in Seenoth. Rendering assistance in cases of distress at sea.
Hiilfslohn. Salvage award, reward in the case of maritime assistance.
Hypothek. Hypotheca; hypothecary charge: mortgage.
Hypothekenbankgesetz. Mortgage bank law.
Imaginairer Gewinn. Speculative profits.

Immaterialrechte. Incorporeal rights, patent right, copyright, etc.
Immobiliarvertrag. Contract for real property or immovables.
Inhaber (bei Wertpapieren). Bearer, holder (of negotiable instruments.)
Innung. Guild, trade union.

Invalidenversichenmgsgcsetz. Invalidity Insurance Act.
Inventar. (i) inventory, (2) farm stock.
Inventarerrichtung. Filing of the inventory (of an estate).
Inventarfrist. Inventory period.
Irrtum. Mistake.
Jagdgesetze. Game laws.
Jahreslisten. Annual jury lists.
Juristentag. Law meeting.

Juristische person. Juristic or legal person; corporation.
Justizverwaltung. Judicial organization, administration of justice.
Kammergericht. Supreme court of judicature in Prussia.
Kaplaken. Primage.

GLOSSARY 20I

Kartellen. Trusts.

Kauf auf Probe. Sale on approval.

Kauf nach Probe. Sale according to sample.

Kaufmann. Mercantile trader.

Kaufrnannischer Verpflichtiingsschein. .Mercantile promise to pay or

deliver.
Kaufmannisches ZuruckbehalUingsrcclit. Mercantile lien.
Kaution. Bail, security.
Kcnnen musste. Ought to have known.
Kinder. Children (sons and daughu i
Kinderraub. Kidnapping.
Kirchenrecht. Ecclesiastical or canon law.
Klage. Complaint, declaration, suit, claim.
Klageschrift. Bill of complaint; libel (in admiralty).
Kodizill. Codicil.

Kollektivprokura. Collective procuration or power of attorney.
Kommanditgesellschaft. Commandite partnership, with limited liability

for only one or some of the partners.
Kommanditist. A partner liable for a fixed amount only.
Kommissionar. Commission merchant.
Kommissionsgeschaft. Agency.
Konkurs. Bankruptcy.
Konkursordnung. Bankruptcy Act.
Konnossement. Bill of lading.
Kontokorrent. Running account.
Kontokorrent Yertrag. Mercantile agreement.
Konventionalstrafe. Conventional penalty.
Korperschaften. Corporations.
Korperverletzung. Bodily injurs .
Korrespcktive Yerfiigungen. Corrcspective testamentary dispositions of

husband and wife.
Korrcspondentrheder. Ship's husband or managing owner
K< >rrcspondierender Reeder. Ship 's husband or managing owner.
Knsten. Costs.

Kostenvorschuss. Advance of the costs, security for costs.
Kraftloserklarung. Amortization.
Krankenvcrsichcrung. Insurance against sickness.
Krcditauftrag. An instruction to give credit to a third party.
Kiindigung. Notice.
Kuppelei. Pandering.
Kustenschiffahrt. Coasting trade.
Ladung. Cargo; service of process.
Lagcrgeschaft. Warehousing.
Lagerhalter. Warehouseman.
Landesgcsetz. Local law of a province or state.

Landgcricht. Superior Court having appellate jurisdiction in certain
cases over the Amtsgericht (District Court .

202 GUIDE TO THE LAW OF GERMANY

Landgut. A farm.

Laufende Rechnung. Running account.

Lehnsrecht. Feudal law.

Leibgedinge. Dower, settlement in jointure.

Leibrente. Annuity (any periodical acts of performance).

Leibrentenvertrag. Annuity agreement.

Leichterfahrzeug. Lighter, barge.

Leihe. Loan for use.

Leistung. Performance.

Leistungsort. Place of performance.

Letztwillige \'erfiigung. Testamentary disposition.

Letztwillige Zuwendung. Testamentary gift.

Lichtrecht. Pule as to the mutual rights of neighbors concerning access

of light.
Liegegeld. Demurrage.
Liquidation. Liquidation, balancing accounts on dissolution (of

partnership).
Lootsengeid. Pilotage dues.

Loschuugsbewilligung. An authority for cancellation.
Makler. Broker.

Maklervertrag. Brokerage agreement.
Meineid. Perjury.
Menschenraub. Kidnapping.
Menschentotung. Homicide.
Mietvertrag. Ordinary lease.
Mietzeit. Term of a lease.

Mildernde LTmstande. Extenuating circumstances.
Minderjahrige. Infants.
Minderkaufmann. Lesser mercantile trader.
Minderung. Reduction of the purchase price.
Mit Gewalt. By force.
Mitbesitz. Joint possession.
Mitbiirgen. Co-sureties.

Miteigentum. Co-ownership or tenancy in common.
Miterben. Co-heirs.
Mitgift. Dowry.

Mittelbarer Besitz. Indirect possession.
Mord. Murder.

Motiven. Motives, whys and wherefores.
Miindel. Ward.
Mutung. Mining claim.
Nacherbe. Reversionary heir.
Nachlass. Estate of deceased person.

Nachlassgericht. Court dealing with the estates of deceased persons.
Nachlassglaubiger. Creditor of the estate.
Nachlasspfleger. Curator of the estate.
Nachlassverbindlichkeiten. Liabilities of the estate.

GLOSSARY 203

Nachlassverwalter. Administrator.

Nachlassverwaltung. Administration of an estate by an administrator

appointed by the competent Probate Court.
Nachtrag. Codicil.
Nachweis. Information, proof.
Nachzettel. Codicil.
Nebenklager. Co-plaintiff, joint plaintiff.
Nichtig. Void.

Nichtigkeit. Nullity, invalidity.
Nicht rechtsfahiger verein. Unincorporated society.
Niederlassungsrecht. Law of domicil.
Niessbrauch. Usufruct.
Niessbrauchcr. Usufructary.
Nominalaktie. Personal share.
Notar. Notary.

Notarielle Beurkunduug. Authentication by public act.
Nothafen. Port of refuge .
Notigung. Duress.

Nbtwehr. Necessary defense; self-defense.
Notwendige Hcdingung. Necessary condition.
Notzucht. Rape.
Nutzen. Benefit, profit.
Nutznicsser. Cestui que trust, beneficiary.
Nutzungen. Profits, emoluments.
Niitzungspfandrecht. Antichresis.
Oberlandesgericht. Court of appeal, having appellate jurisdiction in

certain cases over the Landgericht (superior court 1, highest court of

a State; the court immediately below the Reichsgericht at Leipzig.
Obcrvcrwaltungsgcricht. Highest administrative court.
Obligatorischer Vertrag. Obligatory agreement.
Obligatorisches Recht. Obligatory right.
Obmann. Foreman (of a jury).
Offenc Handclsgescllschaft. A mercantile partnership with unlimited

liability for all the partners.

Offentlicfa Beglaubigt. Publicly attested.

Offentliche glaube des grundbuchs. Public faith "f the land register.

Offentliche versteigerung. Public auction.

ohne rechtlichen Gnmd. Without a sufficient legal ground.

Ordnung. Rule, regulation, order.

< trtsgebrauche Local customs.

Pachtvertrag. Usufructary lease.

Pachtzi it. 'firm of a lease.

Pandektenlehrbucher. Systematic books on modernized Roman law.
Partei. Party (to an action at law).
Partikularrecht. Local law.
Patentgesetz. Patent law.

Pcrsonenstandsgesctz. Registration of personal status act (births, deaths,
marriages, etc.).

204 GUIDE TO THE LAW OF GERMANY

Personlich haftender Gesellschafter. Partners who are personally liable.

Pfand. Pledged object.

Pfandglaubiger. Pledgee.

Pfandleiher. Pawnbroker.

Pfandmissbrauch. Misappropriation of articles pledged with a pawn-
broker or other pledgee.

Pfandrecht. [Right of] pledge.

Pfandung. Seizure of pledged property by an execution creditor.

Pfandung und Uberweisung. Attachment and assignment, a process
of enforcing judgment which corresponds to obtaining a garnishee
order.

Pflegebefohlener. Ward, charge.

Pflegebestellung. Appointment of a guardian or trustee.

Pflegeeltern. Foster parents.

Pfleger. Curator.

Pflichtteil. Compulsory portion (of an inheritance).

Pflichtteilsberechtigter. Compulsory beneficiary.

Police. Policy of insurance.

Polizeiaufsicht. Police supervision.

Privatklager. Private accuser.

Prokura. Power of procuration.

Provision. Commission, fee.

Prozess. Cause, action at law, legal proceeding. "

Quittung. Receipt.

Rangordnung der pfandrechte. Order of preference of pledges.

Raub. Robbery.

Reallast. Perpetual charge [on land].

Rechtsanwalt. Attorney-at-law.

Rechtsanwendung. The application of law by the judge.

Rechtsencyclopadie. Legal encyclopedia, juristic survey.

Rechtsfalle. Cases.

Rechtsgang. Legal procedure.

Rechtsgebiete. Jurisdiction, fields for legal action.

Rechtsgeschaft. A manifestation of the human will intended to create,
transfer, or extinguish a right recognized by law; juristic act.

Rcchtsgeschichte . Legal history.

Rechtshangigkeit. Pendency of action.

Rechtshilfe. Judicial assistance in the administration of justice.

Rechtslehre, allgemeine. General theory of law.

Rechtsmittel. Legal remedy, legal means of redress.

Rcchtspflege. Administration of justice.

Rechtsprechung. Jurisprudence, court decisions.

Rechtsquellen. Sources of law.

Rechtsspruch . Sentence, judgment, verdict, adjudication.

Rechtsstreit. Cause, Action at law.

Rechtsverhaltniss. Legal relation or position.

Rechtswidrig. LTnlawful.

Rechtswissenschaft. Legal science, jurisprudence.

GLOSSARY 205

Registerhafen. Home port.

Rcichsanwalt. District attorney, public prosecutor.

Reichsgericht. Supreme Court of the German Empire at Leipzig.

Reichsgesetz. Federal or imperial law.

Reichshaftpflichtgesetz. Employers' Liability Act

Reichsversicherungsamt. Imperial Insurance Office.

Reichsversicherungsordnung. Workmen's Insurance Code.

Rentengtiter. Perpetual rent charged on each separate parcel.

Rentenschuld. Annuity charge.

Respekttag. Day of grace.

Revision. Appeal, review, new trial.

Revisionsschrift. Printed case on appeal.

Rhcder u. Rhederei. Owner and co-owners of vessels.

Rhederei. Common ownership of ships; shipowners' company.

Riickfall. Reversion, devolution, escheat.

Riickversicherung. Reinsurance.

Riickwechsel. Return draft, re-exchange.

Rtickverweisung. Renvoi.

Sachbeschadigung. Injury to property.

Sachen. Things.

Sacheninbegriff . Aggregate of things.

Sachleihe. Gratuitous loan.

Sachverstandiger. Expert.

Sammlung von Rechtspriiche. Reports.

Schadenersatz. Damages, Compensation.

Schatz. Treasure trove.

Schenkung. Gift.

Schenkung unter Auflage. Gift subject to a burden.

Schiedsrichter. Arbitrator.

Schiedspruch. Arbitral award, decision, decree.

Schiffahrt. Navigation, shipping.

Schiller. Master (of a vessel).

Schiifsbesatzung. Ship's company, crew.

Schiffszubehor. Ship's accessories and appurtenances.

Schlagerei. Affray, assault.

Schlepplohn. Towage.

Schliisselgewalt. "Powerof the keys" (Power of the wife to make eon-
tract binding on the husband).

Schlussvortrage. Closing arguments.

Schlusszettel. Bought and sold note

Schmahschrift. Libel.

Schoffengericht. Court of inferior jurisdiction having one professional
and two lay judges or assessors.

Schfiffenrichter. Lay judge or lay assessor in the Schfiffengericht.

Schuld. Debt (act of performance due from one person I" another).

S. -huldanerkenntniss. Acknowledgment of debt, abstract acknowledg-
ment.

Schuldforderung. Claim, demand

206 GUIDE TO THE LAW OF GERMANY

Schuldner. Debtor.

Schuldner-verzug. Debtor's delay, or failure to perform his promise.

Schuldrecht. Law of obligations.

Schuldsache. Action for debt.

Schuldschein. Acknowledgment of a debt, bond.

Sehuldubernahme. Assumption of an. obligation.

Schuldverhaltniss. Obligatory relation.

Schuldverpflichtung. Liability, obligation.

Schuldverschreibung. Bond, note of hand.

Schuldverschreibung auf den Inhaber. Obligation to bearer or holder.

Schuldversprechen. Promise of debt, abstract promise.

Schuligerklarung. Conviction.

Schurfrecht. Right of search.

Schwurgericht. Jury court, court of assizes.

Seenoth. Distress at sea.

Seeraub. Piracy.

Seerecht. Maritime law, shipping, admiralty.

Seetriftige Giiter. Wreckage or goods taken out of an abandoned ship.

Seeuntuchtigkeit. Unseaworthiness.

Selbsthilfe. Self-help.

Selbstschuldner. Principal debtor.

Selbstverteidigung. Self-defense.

Sicherheit. Security.

Sicherheitshypothek. Cautionary hypothecary charge.

Sicherheitsleistung. Furnishing of sureties.

Sicherheitsubereignung. Transfer of ownership by way of security.

Sicherungshypothek. Cautionary hypotheca.

Solawechsel. Promissory note.

Sondergut. Separate property of spouses, which is non-privileged.

Sorgfalt. Diligence.

Spediteur. Forwarding agent.

Speditionsgeschaft. Forwarding agency.

Staatsangehorigkeit. Nationality.

Staatsanwalt. District attorney; public prosecutor.

Staatsrecht. Public law'.

Stadt. City, municipality.

Stadtische. Municipal.

Standesbeamter. Registrar.

Standesmassiger Unterhalt. Maintenance suitable to the station in life.

Steckbrief. Order of arrest, warrant.

Stellvertretung. Representation.

Stiftung. Foundation.

Stiftungsurkunde. Act of foundation.

Stille Gesellschaft. Dormant partnership.

Stoning. Nuisance, disturbance, infringement, encroachment.

Strafbefehl. Order to inflict fine or punishment.

Strafbescheid. Penal sentence by administrative authorities.

GLOSSARY 207

Strafe. Penalty.

Straf gesetzbuch . Penal Code.

Strafkammer. Criminal court.

Strafprocess. Criminal procedure.

Strafsachen. Criminal cases or matters.

Strafvollstreckung. Infliction of punishment, execution of a sentence.

Strafvollziehung. Infliction of punishment, execution of a sentence.

Strafvollzug. Infliction of punishment, execution of a sentence.

Strandtriftige Giiter. Wreckage and goods saved from stranded ships or
found on the beach.

Strandung. Stranding.

Strandungsordnung. Statutory requirements as to notification of
wreckage of a vessel.

Strassenrecht. Right of way.

Streitverkiindung. Interpleader.

Stiickgiiter. Miscellaneous parcels, mixed cargo.

Summarisches Verf.ihreu. Summary process.

Tarifvertrag. Collective labor contract.

Tatsachlichc Gewalt. Actual control.

Taxirte Police. Valued policy.

Teilbesitz. Part possession.

Teilung. Partition.

Termin. Term-day, return day, trial day.

Testament. Will.

Testamentsvollstrecker. Executor of a will.

Thierqualerei. Cruelty to animals.

Todeserklarung. Declaration of death.

Todesstrafe. Death sentence or punishment of death.

Trassant. Drawer.

Trattat. Drawee.

Tratte. Draft, bill of exchange.

Treu und Glauben. Good faith.
Irene Hand. Trust.

Trim ksucht. Dipsomania

I Mr Nachrede. Malicious slander.

Ueberliegezeit. Demurrage.

Uebertrctung. Minor offense.

Unbcwcgliche Sachen. Immovables.

Uneheliches Kind. Illegitimate child.

Uneigentliche Bedingung. Unreal condition ("not actually a condition).

I'nfallvcrsicherung. Accident insurance.

Ungerechtfertigtc Bereicherung. Unjustified benefit, unjust enrich-
ment.
1 nlauteren Wettbewerb. Unfair competition.

Unmittelbarer Besitz. Direct possession
Unmogliche Bedingung. Impossible condition.

Unterbrechung. Interruption (of statute of limitations).

208 GUIDE TO THE LAW OF GERMANY

Unterbreehung der Verjahrung. Interruption of the prescription.

Unterdriicken von urkunden. Suppression of an instrument or docu-
ment.

Unterhaltspflicht. Mutual rights and duties as to maintenance.

Unternehmer. Contractor.

Unterschlagung. Embezzlement.

Unterstutzungwohnsitz. Place of poor relief, domicil.

Untersuchung. Inquest.

Untreue. Breach of trust.

Unverziiglich. Without (culpable) delay.

Unwesentlicher Bestandteil. Non-essential component part.

Unwirksam. Inoperative, invalid, ineffective, of no effect.

Unziichtige Handlung. Lascivious or obscene conduct.

Unziichtige Schriften. Obscene literature.

Urheberrecht. Author's right, copyright (law).

Urkunde. Instrument, document.

Urkundenfalschung. Forgeiy of instruments and documents.

Urteil. Judgment, opinion.

Urtheilsgriinde. Grounds of decision.

Yerantwortlichkeit. Responsibility, accountability.

Verausserung. Alienation.

Verausserungsverbot. Restraint on alienation.

Verbesserungsanstalt. Reformatoiy.

Yerbrechen. Felony.

Yerbindung. Incorporation.

Verbotene Eigenmacht. Unlawful interference.

Yerbrauchbare Sachen. Consumable things.

Verein. LTnion.

Yerein, eingetragener. Registered society.

Vereih, nicht rechtsfahiger. Unincorporated society.

Yereinigung. Association.

\'ereitelung der zwangsvollstreckung. Rendering judgment and execu-
tion null (by alienating or secreting property with intent to defraud
creditors).

Yerfahren (vorbereitendes). Preliminary proceeding.

Yerfalsehung von Lebensmitteln. Adulteration of food.

Verfassungsrecht. Constitutional law.

Yerfrachter. Owner of a vessel chartered.

Yerfiigung. Disposition; order, ordinance, decree.

Yerfiigung von hoher Hand. Arrest of princes or rulers (Admiralty).

Yerfiigung von Todeswegen. Disposition mortis causa, disposition oper-
ative on death.

Yerfugungsrecht. Right of disposal of something.

Yerfuhrung. Seduction.

Yergehen. Misdemeanor.

Yergiftung. Poisoning.

Yergleich. Compromise, composition.

GLOSSARY 209

Verhaftung. Arrest.

Verhandlung. Negotiation, proceeding, trial, hearing.

Verheimlichung. Concealment

Yerhor. Examination.

Verjahrung. Outlawry of a right, prescription.
Yerkehrsbedlirfniss. Ordinary intercourse.
Yerkiindung. Pronouncement (of judgment I.

Ycrladungsschein. Bill of lading.

Yerlagsrecht. Law of publishers.

Yerleihung. Grant.

Yerleumdung. Defamation.

\'erlobniss. Betrothal.

Yermachtniss. Legacy.

Yermachtnissnehmer. Legatee.

Yermengung. Blending together or confusion of goods.

Yermischung. Mixing together, or confusion of goods.

Yermogensverwaltung. Management of property.

Vermogensverwaltung des Inhabers der elterlichen Gewalt. Manage-
ment of the property of decedent by the person having the paternal
power.

Ycrmogensvorteil. Pecuniary advantage.

Yernehmungstheorie. Doctrine of perception, that (in contract) receipt
of the message is insufficient unless its contents have actually come
to the knowledge of the addressee.

Yerdffenllichung. Publication, promulgation.

Yerpachtung. Leasing.

Ycrpfander. Pledger.

Verpfandung. Pledge, mortgage.

Ycrplliehtungsschcin, kaufmannischer. Mercantile promise to pay or
deliver.

Ycrsaumnisurteil. Judgment by default.

Yerschollene. Untraceable persons.

Ycrschwagern. To become related by marriage.

Yerschwagcrt. Related by marriage

Yerschwendung. Prodigality.

Versicherte, der. The insured.

Versicherung. Insurance; affirmation.

Yersicherungsnehmcr, der. The insurance taker.

Versicherungsverein auf Gegenseitigkeit Mutual insurance society.

Versuch. Attempt.

Verteidigung. Defense.

\"ertrag. Agreement, contract, treaty.

Ycrtragmassiges Guterrecht. Contractual regime of matrimonial
property.

Vertragserbe. Contractual heir.

Yertr.uu ■nsin.inn. Trustee; Men who prepare the jury lists.

29774°— " 14

2IO GUIDE TO THE LAW OF GERMANY

Vertreibung. Ejectment.

Vertretbare Sachen. Fungible things.

Vertreter. Agent.

Vertreter, gesetzlicher. Statutory agent.

\"ertretung. Agency.

Verwahrungsvertrag. Agreement for the custody of a movable thing.

Verwaltungsrecht. Administrative law.

Yerwandt, in der Seiteulinie. Kindred in the collateral line.

Yerwandte in der graden Linie. Kindred in the direct line.

Verweisung. Expulsion, banishment; committal for trial.

Yerwirkung. Foreclosure, forfeiture.

Yerzeiehnis. Catalogue, table, register, index.

Verzicht. Renunciation, relinquishment, forbearance.

Yerzichtleistung. Renunciation, relinquishment, forbearance.

Yerzug. Delay.

Yolksversammlung. National assembly.

Volkswirtschaft. Political economy.

Vollkaufmann. True mercantile trader in the full sense of the word.

Y'ollmacht. Power of agency, power of attorney.

Vollstreckung. Execution.

Yollstreckungsbefehl. Writ of execution.

Voraus. Preferential benefit.

Vorausvermachtniss. Preferential legacy.

Yorbehaltsgut. Privileged separate property of spouses.

Yorerbe. Limited heir, or heir who takes first.

Yorfiihrungsbefehl. Subpoena, warrant to appear before the court.

Vbrkauf. Right of preemption.

Yorlaufige entlassung. Provisional release.

Yorlaufige ergreifung. Preliminary arrest or apprehension.

Vorlaufiger Yormund. Interim guardian.

Vormerkung. Caution.

\'ormund. Guardian.

Vbrsatz. Wilful default.

\. irs.it/lich. Wilfully, with intent.

Vorschlagsliste. List of proposed jurors.

Yorschuss. Advancement.

Yorstand. Directorate.

Voruntersuchung. Preliminary inquest or examination.

Yorverfahren. Preliminary proceedings.

Wahnsinn. Lunacy.

Wandelung. Rescission or cancellation of a sale.

Warenzeichen. Trademarks.

Wechsel. Bill of exchange.

Wechselnehmer. Payee.

Wechselordnung. Bills of Exchange Act.

Wechselrecht. Law of exchange.

Wegnahmerecht. Justollendi.

Weiterverweisung. Renvoi; transmission to a third jurisdiction.

GLOSSARY 211

Werkvertrag. Agreement for work.

Wertpapiere, Securities, negotiable or non-negotiable instruments.

Wesentlicher Bestandteil. Essential component part.

Wichtiger Grund. Cogent ground.

Widerkauf. Redemption.

Widernaturliche Unzueht. Unnatural obscenity, sodomy, pederasty.

Widerruf. Recall, revocation.

Widerspruch. Contradiction, objection.

Wiederaufnahme des Hauptverfahrens. New trial.

Wiederherstellung der ehelichen Gemeinschaft. Restitution of the con
jugal community.

Wilddieberei. Poaching.

Willenscrklarung. Declaration of intention.

Willenstheorie. Real intention.

Wirtschaftliche. Economic.

Wirtschaftliches Grundstiick. Agricultural land.

Wittum. Dower, settlement in jointure.

Wohnsitz Domicil.

Wucher. Usury.

Zahlungsunfahigkeit. Bankruptcy.

Zeitlohn. Time wage.

Zeuge. Witness.

Zeugnis. Testimony.

Zins. Interest, ground-rent.

Ziyilprozess. Civil action.

V.w ilprozessordnung. Code of ciyil procedure.

Zubehdr. Accessories.

Zuehthaus. Penitentiary.

Zuchthausstrafe. Imprisonment in a penitentiary.

Zueignung. Appropriation.

Zug um Zug. Perform contemporaneously,

Zugehorig. Appurtenant.

Zuhalterei. Concubin i •

Zurfickbehaltungsrecht. [Right of] lien.

Zurucknahme. Ademption (of a legacy).

Zusammenstoss. Collision.

Zust&ndigkeit. Competence, cognizance, jurisdiction.

Zustellung. Insinuation; delivery, conveyance.

Zustimmung. Assent, consent.

Zwang. Duress, force.

Zwangseinstellung. Coercion.

Zwangserziehung. Compulsory education.

Zwangsversteigerung. Sequestration of property in execution proceed-
ings.

Zwangsverwaltung. Forced sale in execution proceedings.

Zwangsvollstreckung. Execution (on property); distraint.

Zweikampf. Duel.

Zwischenspediteur. Sub-agent.

INDEX

Abandonment oJ things {Bk. 3, Civ. Codi

7a ff . 81
Abraham. 111.

Accident insurance, 119 ff., 122 ff., 132 flf.
A. cidents, 12.;.
A< liillcs. 60.
Acknowledgement of debts (Bk 2, Civ, Code), 64,

72 ff.. 80.

Acquisition I Bk j, Civ Code), f>4, -2 ff., 81.

Act of state. 1S3.

Actions, adniinisti ai

A< tions at law, 1 1 \,

Actors. 127. 136.

Adickes, 147. 170.

Adjoining owners (Bk. 3, In Code), 64, 7; ff., 81.

Administration of decedents' estates (Bk. 5, Civ.

■
Administrative law, 171, 178 ff.
Administrative laws. 172.
Administratoi Bk. Civ. Code), 66. 72 ff.. 86; 151.

Admiralty, 108.

Adoption (Bk 4, Civ. . 85.

Affoltcr. 80.

Agency (Ilk 1, Ci\ I 1 1 ;a (T.

(Bk. 1. Com i od< Bl I om ( ode), 99ft.
Agricultur.il .in.i forestry insurance, 124,

' 1 ural and forest lands, 67.
Agriculture. 136.

Rcchtsencyc, 21.

Cours de di nat
Albrechl
Albrecht, P., 83.
Alcxander-Eatz, 104.

[ntrod. Act, t ■ . . 148.

AUfeld

Gcwcrbl. rechtsschutz, 96.

Strafrecht, 156.

Urhtl 11
AUgemeine bibliographic, 1 1
Allgcnit ini reel
Alimaiui, Paul, :■>, 173.
American Inst. Crim. Law, 168.
Amira, 50.
;. 25.

Anger. 1

Animals (Bk. 3. Civ. Code). 64. 7; ff . Hi ; 119 ff.

Annalen d. dcut. rcichs, j.85.

Annual Bull, of the Coinp. Law Bur., 12.

Annuities I Bk . Ch Code), 04. 72 ff . So.

Annuity charges I Bk j, Cn Code), 65, 72 ff.. 81.

Anschutz, 172.

Appeal. 141.

Appclius. 127

Application of law, 36, 80, 147.

Apprentices (Bk. 1, Com Code), 99 ff., 137.

Appropriation of property. (Bk. 3, Civ Code), 64,

7; ff.. Si
Appurtenances | Bk 1. Civ. Code), 62, 72 ff.
Arbitration. 1 \<>. 138, 141. 148.
Architects, 136.

Archiv d. allg. deut handt-lsrechts, 88.
Archiv f. burg, recht. 13, ;_
Archiv f. d. civ. praxis. 150.
Archiv f. offent. recht, 184.
Archiv f. rechts- philosophie, 40.
Archiv f. reichsversicherung, 1.-7
Archiv f. soz. gesctzgebung, 185.
Archiv 1 strafrecht, 157.
Army, 163, tji.
Arndt, [72,
Arndts, 13. 22.

Artistic copyright (formative .iris), 91.
Artists. 136.
Aschaffenburg, 167, 168
Aschrott, 107, 170.
Assignment I Bk ,Ch t ode I, 63, 72 ff., So.

men! in fraud ol crcditoi ■
As km iation and public meeting, right 1
Associations ' Bk 1 , Civ. Code), 62, ■ IT., 77; 151.
An. i. hnxent I Bk . C iv Code . 6a, 72 ff., Ro.
Attorneys-at-law, 136, 150.

Attorneys' fees, 144, 149.

Authentication of legal instrument
Authoi to ff.

Automobiles, 107.

e, ioh ff., hi

Bat hem. 61

Baden landrccht. 52.

Bad I Bk. r, Civ. Code), 6a, ;a ff

214

INDEX

Bailments (Bk. 2, Civ. Code), 63, 72 ff., 80.
Baldwin, 142.
Bankruptcy, 116 ff., 141.
Banks and banking, 115.
Bar, von, 153, 16S, 188.
Bar association, 186.
Barazetti, 69.
Barbarian laws, 42, 47, 48.
Barbers, 136.
Barre, 71.
Barrows, 155.
Bartels, 181.
Barth, 12.
Baum, 96.
Baumgarten, 118.
Becher, 68.
Bcchmann, 80.
Becker, 14, 162.
Behrend, 48, 102.
Beitrage z. kolonialpolitik, 178.
Bekker, 40, 188.
Beling, 19, 162, 169.
Below, 53.
Bcnsheimer, 15.

Bequests (Bk. 5, Civ. Code), 66, 72 ff., 86.
Berner, 157.
Berahardi, 76.
Bernstein, 115.
Berolzheimer, 40.
Kulturstufe, 36.
Strafrechtsphilosophie, 169.
Studien, 37.
Beseler, 51, iSS.

Betrothal (Bk. 4. Civ. Code), 65. 72 ff., 85.
Beyerle. 45.
Bibliography, 11 ff.
Bibliography of legal science, 12.
Bibliography of social science, 12.
Bibliothcca juridica, 11, 13.
Isibliothek d. offent. rechts, 174.
Bierling, 39.

Bills of exchange, 50, 112 ff.
Bills of lading, 106.
Binder, 86.
Binding:

Fcstgabe, 188.
Norrnen, 26,
Strafprozess, 161.
Strafrecht, 156.

Systematisches handbuch, 43, 49, 50, 55, 77, no,
112, 116, 120, 161, 1-5, 177, 179.
Birkmeyer, 13. 165.

Beitragez. kritik, 167.
Encyklopadie, 24.
Kritische beitrage, 167.
Strafprozess, 161.
Strafrecht, 167.
Bismarck, 122.

Bittner. 180.

Bliss, 135.

Block, 180.

Blume, 85.

Bluntschli, 13, 176, 188.

BIyth, 82.

Bohm, 87, 148.

Bolland, 28.

Bondi, 101.

Borchard, 12.

Bornhak, 175.

Boschau, 85.

Bottomry. 108 ft.

Boundaries (Bk. 3, Civ. Code), 64, 72 ff., 81.

Boyens, 18, no

Brauchitsch, 180.

Braun, 186.

Brentano, 186.

Brickdale, 81.

Brie, 1S2.

Brinz. 55.

Brodmann. no.

Brokerage and brokers:

(Bk. 2, Civ. Code). 63, 72 ff.. So.
(Bk. 1. Com. Code), 99 ff.

Brooks, i2§, 132.

Brown (Savighy), 51-

Bruncken, 165.

Brunn. 127.

Brunner, 188.

Festgabe, 188.
Forschungen, 43.
Rechtsgeschichte, 43.
Schwurgerichte, 162.

Bruns, 35, 55.

Brutt. 33-

Bryce, 10, 32.

Biicher. 185,

Buchka, 61, 71, 96.

Building rights, heritable (Bk. 3, Civ. Code). 05.
72 ff., 81.

Building trades, 136.

Building trades insurance, 133.

Bundesgesetzblatt, 14.

Burgc, 84.

Burgess, 171. i74>

Burlage, 162.

Burns, 82;

Busch, 88.

Business corporations (Bk. 2. Com. Code), 99 ff.

Business or trade secrets, 95.

Byles, 112.

Cahn, 176.

Canciani, 47.

Canon law, 176.

Cantor, 93.

Capacity (Bk. 1. Civ. Code), 62, 72 ff.
(Introd. Act, Civ. Code), 68.

INDEX

-IS

Carolina Code, 153.

Carpcnticr. 100.

Carriers I lik 3, Com. Code), 99 ff. , 106.

Caspar, 134-

Cattle insurance, 119 ff.

Centxalblatt f. rechl 13.

Charges on land, perpetual (Bk. 3, Civ. Code), 65,

73 ff.. Si
Chartering, 108.
Cheques. 112, 113.
Child labor, 136. 137.
Church, 17;. 176.
Citizenship. 176.
Civil Code:

Component elements, 46 ff.

Contents. 6a.

General literature
Commentaries, 74.
Treatises, 74 ff.

Histor

Individual parts of Code, 77 ff.

Introductory Act, 07.

Legislative histon

Related subjects. 77 ff.

Translation--, j
Civil procedure. 140 ff.
Civil prui cdurc reform. 147.
Claes, 139.

■ I ■- tool of crim l;i'.'
Clemenl

«. ]• ri. s(BI t,( 'in Code), 99 ft" , 137, 136.
Codification, 9, jo, 56, 97, 133, 140. 153, 1
Collective labor contrail 1 ,
Colonial law, 177.

Canute' dc legislation etrangerc. 73.
Commandite company > Bk. 2. Com. Code), 99 ff.. 104.
Comnianditestockcompany(Bk. 2, Com. Code .-,m
Commerce. 172.
Commercial Code:

Content

' rem ml literature. 99:
Commentaries. 101.
Treatises. 101.

Histoi

Literature of individual parts of Code. 103 ff.
Cororncn ial 1 dui ts, 1 1
Commercial Is

nerctal transact Bl Com Code), 99 ff.

Commission business (Bk. 3, Com Code), 99 ff.
( '>iniuon carriers (Bk. 3. Corn Code 1. 99 ff., 106.
Community of goods, income, profits, matrio

' Bk |, Civ Cod- ,6s.
Community property ( Bk. ..Civ Code), 64, 7a ff., so.
Componii Bl *. om. Code), 99 ff-
: al h e L.i1--. Hull- tin, 1
n 11 1! ion for unjust arrest and i onviction,
mum 1 1 Bk. , Civ, Code*. 64, 72 ff., 80.
Compulsory insurance, 123 ff.
Conditions | Ilk. 1, Civ. CodeX 6a, 72 ff.

Conflict of laws (Introd. Act, Cii ( 0 d ,68,69, i47«

148.
Confusion of goods (Bk. 5, Civ Code), 64, 72 ff., 81.
Conrad. 1 14. 173.
Constitutio Criminalis Bamberg en sis. 153.

Carolina. 1
Constitutional law. 171 ff., 174.
Construction and interpretation, 36, 80, 147.
Consular jurisdiction, 148, 182
Continental legal history serii
Contract for work and services (Bk. a, Civ. Code). 63,

72 ff.. 80.
Contracts:

(Bk. 1, Civ. Code). 6;. 72 ff.

(Bk. 2. Civ. Code), 62, 72 ff.. So.
Contractual regime of matrimonial property (Bk.

4. Civ. Code). 65. 72 ff.. 85.
Com 1 yance of goods, 106.
Conveyancing, 151, 152.
Cook. 143.

Cooperative societies, 105, 1.2.
Co-ownership (Bk. 3. Civ. Code*. 64, 72 ff., 81.
Copinger, 90.
Copyright, 90 ff.
Corporations:

(Bk. i. Civ. Code). 6a, 72 ff.

t Introd. Act. Civ. Code), 69

(Bk. a, Com. Code). 99 ff.
■

B. G. B., 75-

Handelsrecbt, 102.

, i. 149.
Court costs, 144, 149.
Court officers, 149.
Court reports, 15 ff.
Courts, 15, i4r.

Courts, administrative, i'vj, 1S1.
O iur1 3, military, 164.
Creditors' suits, 116.
Cretschmar. 1 5.

Criminal anthropology, 168, 169.
Criminal courts, 142, 158.
Criminal law ,
Criminal law military, 163.

d law reform, ir>4.
Criminal procedure. 1
Criminal procedure, military, [64,
Criminal procedure reform, 164, 169.
Criminal psychology, 168,
Criminology, 164 ff.
Criticisms of draft , Civil Codi

Croiue, 75.

1 . 105. 106.

Curatorship, 1 Bk 1 C h •. ff., 85.

Custody of neg. instruments, 115.

'-'), 63,
72 ff., 80.
Cust rru k> al, 67.
Daguin, 160.

2l6

INDEX

Dahn, 27, 60.

Damages (Bk. 2. Civ. Code), 63, 72 ff., 80; 125.

Dannenbaum, 115.

Danz, 79.

Dareste, 145.

Daude, 90, 160.

Dawson, 128.

Death, registration of, 85.

Death sentences, 162.

Debtor and creditor (Bk. 2, Civ. Code), 63. 72 ft"., 80.

Debts, promise to pay and acknowledgement (Bk.

2, Civ. Code), 64, 72 ft"., 80.
Decedents' estates (Bk. 5, Civ. Code), 66, 72 ff .. 86.
Declarations of intention (Bk. 1, Civ. Code), 62,

72ff.

Deeds, 151, 152.

Delius, 148, 181, 182.

De Montmorency. 31.

Denkschrift lib. d. kartellwesen, 11S.

Deposit (Bk. 2, Civ. Code), 63, 72 ff., 81.

Dernburg, 188,

B. G. B., 75-

Pandekten, 54.

Prcuss. privatrecht, 51.
Derschcid. 57.
Descent, legitimate and illegitimate (Bk. 4, Civ.

Code), 66, 72 ff., 85.
Designs, 94, 151.
Detken, 88.

Deutsche juristen-zeituug, 89, m-
Deutscher juristentag, 18, 186.
Deutsches kartell-jahrbuch, 118.
Deutsche kolonialgesetzgebuim, 1 78.
Deutsches privatrecht, 49.
Deutsches reichsgesetzbuch f. Industrie, 15.
Diefenbach, 89.
Dictionary, legal. 187.
Digby, 133.

Discovery (Bk. 2, Civ. Code), 64, 72 ff., 80.
Dissolution of marriage (Bk. 4, Civ. Code), 65, 72

«.. 85.
Distress at sea, 108.
Distribution:

(Bk. s, Civ. Code), 66, 72 ft"., 86.

(Introd. Act, Civ. Code), 67.
Distribution of inheritance tax, 87.
Divorce:

(Bk. 4, Civ. Code), 65, 73 ft . 85.

(Introd. Act, Civ. Code), 68.
Dochow, 179.

Domestic relations (Bk. 4, Civ. Code), 65, 72 ff., &$.
Domestic servants, 67, 1 jr.
Domicil, 184.

Dormant partnership (Bk. 2, Com. Code), 99 ff.
Dove, 114.

Drafts, Civil Code. 57 ff., 64.
Drage, 154.
Dubarle, 143.
Dudek, 152.

Diiringcr, 101, 103. 147-

Duttmann, 12ft, 127, 134.

Dyde, 28.

Easements (Bk. 3, Civ. Code), 64, 72 ff., 81.

Ebner, 91.

Eccius, 88.

Ecclesiastical law, 176 ff.

Eck, 76.

Education, 172.

Education, legal, iS ff .

Educators, 136.

Eger:

Eisenbahn. entscheidungen, 107.

Eiscnbahnverkehr, 106, 107.

Enteignung, 83.

Frachtrecht, 106.

Haftpflichtgesetz, 123.

UnterstiitzungSAohnsitz, 184.

Verkehr mit kraftfahrzeugen, 107.
Ehrenberg, S9, 120.
Eichheim, 163.
Eichholz, 70.
Eichhorn, 87.

Eisenbahnrechtliche entscheidungen, 107.
Elementary law, 21.
Elster, 140, 172.
Kmcry, 131-

Emineut domain, 67, 83.
Employees, 136.
Employers' liability, 122 ff.
Encyclopedia, legal, 21 ff.
Endemann. 74.

Endowments (Bk. 1, Civ. Code). 62, 72 ff.
Engelmann, A., 76, 146.
Engelmann, \V. (Bib. jur.), 11.
Enneccerus, 61, 75.

Enrichment, unjust (Bk. 2, Civ. Code), (14, 72 ff., 80.
Enslin, n.

Entscheidungen, 15 ff.
Entscheidungen d. bundesamts f. d. hcimath-

wesen, 184.
Entscheidungen d. gerichtc u. verwaltungsbe-

horde, 17.
Entscheidungen d. reichsgerichts, 16.
Entscheidungen d. rcichsmililargerichts, 164.
Entscheidungen d. reichsoherhandclsgericht, 16.
Entscheidungen in ang. d. fr. gerichtsbarkeit. 152.
Erichsen, 86.
Ernst, 144, 163, 164.
Esscr, 103.

Estate creditors (Bk. 5, Civ. Code). 66, 72 ff., 86.
Estate, debts and claims (Bk. 5, Civ. Code), 66,

72 ff.,S6.
Evidence, 141 ff., 158.
Exchange (Bk. 2, Civ. Code), 62, 72 ff., So.
Exchange, bills of, 56, 112.

Execution of will (Bk. 5, Civ. Code). 66, 72 ff.. S6.
Execution sales, 148.
Executions, 141, 148.

INDEX

17

Executors (Bk 5, Civ. Code). 66. 72 ft*.. 86.

Expert

Expropriation, 83.

Extradition. 182.

Factories. 122.

Factors (Bk. 1. Com. Code). 99 ff.

Factory workers. 136.

Fairs. 137.

Fairwcather, g;.

Falck. si.

Fabanann, 17. 117

False representations a^ to one's goods, 95.

False weights, measures, etc.. 95.

Family law (Bk. 4. Civ. Code), 65. 7-' fl .

Family settlements. 67.

Farnam. 129.

Fedderscn. 161.

Fees. 144, 149.

Feist. S7.

Pest gaben:

Biiulin

Brunncr, 188.

Gierke, 187.

Guterbock,

EobJer, 97. 188.

Laband, 174.
Feudal tenuri
Feuerbach, 1
Fichte,

Picker, 45, 121.
Finance, 17.-. 179.
Finding and Cinder, rights of (Bk. 3, Civ. Code), 64,

7-- ft*.. 81.
Finger, A . 88. 157
Finger, C. 94.95-
1 irancc. 119 ft".

Firm names ( Bk. 1. Com. Code), 99 ft*.
Pi ' her, 73. 149. 150, 182.
Pis> u-.. 183.
Fisher. H. ed. (Maitland I, 48, s8.

Medieval empire. 49.
Fishing. 136.
Pitting, 1 16, 145.

Fixtures (Bk. 1, Cn I 1 ■■■■ ,72 ft*.
Fleincr, 179.
Pleischmann, 180, 1
Foelix, 159.
r, 52, 82.
ii. 71.
Food inspection laws, 96.
1 ! sale, on execution, 148.

Foreign judgments, execution of , 148.
Foreign law, application of (introd. Act, Civ,

I, 68.
Foreigners (Introd. Act, Civ. Code), '<:, *4&>
Forest laud. 67.
Forestry. 1 16.
Forfeiture 1 insurant i
Form introd. Ai 1. Civ. Code), 08.

Form books, 1

Forwarding agency (Bk. j, Com, Code), 99 fl.

Foundations (Bk. 1, Civ. Code), 62, 72 ft*.

Frank, 155.

Frankcl. 128.

Fraudulent conveyances, 116.

Freightage, 106.

French law, 47.

Freudenthal, 144.

Freund. 20, 34. 57. 70. 168.

Friedbcrg:

Handelsgesctzgbg, 100.

Kirchenrecht. 177.
Friedensburg, 130.
Friedlander:

Encyclopedic. ^3.

Rechtsanwaltsordnung, 1 ;o.
Friedrich. [69.

Fruits and usufruct. 62, <>4. 7.' ft.. 81.
Fuld, 96.

Gaius, Ztschr. f. rechtsgeschichte, 45.
Galli, 1-7.

Came laws, 67.

Gaming contracts (Bk. 2, Civ. Code). 64. ;a ft.. So.

■

Gareis:

Encyklopadie, 22.

Handelsrecht, 102.

Science of law, 21, 32, 46, 73.

Kolimialrec'.il. 1 ;v

Patent Entsehciduiig., 94.

Wechselordnung, 113.
Garner, 143.
Gaupp, 145-
Gebhard, 57. '*?. U4-
Gemeines recht, 47.
General average, 108, m.
Gerber, 51
Gerhard, 120, 121.
I n r. htssaal, Dcr, 88.
Gerland. to.
Gerstmeyer, 178.

Gcs. deut u prcus. gesetzgbgs-materurl, 14*
Gewerbegertcht, 138.
Gewerbl, rechtsschutz, 97.
Giard & Briere, 102, 156.
Gierke, 175,1

Entwurf, 60.

Fesl 'I-

* ieno ht, 77.

Political theories, io, 78.

Privatrecht, 49.

rjntersuchungeu,

\ 1 1 eine, 79.
Gifts, 63.
G laser. 160.
Glasson. 145.

GttCist, 35, 173, 175i 180, *8S.
Goldman.'

!l8

INDEX

Goldschmidt, J., 157, 166.

Goldschmidt. L., toi, 102. 103, 188.

Goltdammer's Archiv, 157.

Goodnow, 17S.

Goschen. 15.

G6z, ig.

Grabowsky, 185.

Gradenwitz, 55.

Gray. J. C, 16, 53-

Gray, L. H., 130.

Greiff, 69.

Grimm, 51.

Groceries, 136.

Grolman, 158.

Gronow, 163.

Gross, 168, 169.

Grotefend, 14.

Gruchot's Beitrage. 88.

Grueber:

Einfuhrung, 23.

(Introduction, Sohm), 52.

ed., Rechtsencyklopadic, 22.

Vorbildung, 19.
Griinhut, 112, 185.
Griinzel. 118.
Griitzmann, 52.

Guaranty (Bk. 2, Civ Code), 64, 72 ff\. So.
Guaranty insurance, 119.
Guardianship (Bk. 4, Civ. Code), 65, 66, 151.
Gugel, 126.
Guterbock, 187.
Giithe, Us, 149.
Guthrie, 31.
Gutschow, in.

Guttentag'sche Sammlung, 15.
Habermann, 127.
Habicht, 69, 71.
Hachenburg, 101, 105.
Hacke, 121.
Haenel, 175.
Hagen, 120.

Hague conferences on private law, 148.
Hahn, 158.
Hail insurance, 119.
Hamm, 89.

Handbuch d. gesetzgebung, 15.
Handbuch d. orient, rechts, 173.
Handbuch d. unfallversicherung, 133.
Handclsgesetze des erdballs, 99.
Handicraftsmen, 136.

Handwbrterbuch d. staatswissenschaften, 17;.
Hanow, 126.

Hanscatische gerichtszeitunii, 1 n.
Hanseatische rechtsprcehuug, 1 11.
Harris, 125, 127.
Hartmann, 165.
Hastic:

Kant. 27.

Outlines, 21.

Hastings, 37.

Hatschek, 1S3.

Haubold, 31, 188.

Hayward, 30.

Heffter, 188.

Hegel, 28.

Heilfron, 76.

Hciner, 177.

Heinitz, 89.

Heinsheimer, S9.

Heirs (Bk. 5, Civ. Code), 66, 67, 72 ff.t 86.

Hellwig, 146, 160.

Henle, 73, 155.

Henschel, 115.

Hergenrbther. 177

Heritable building rights (Bk. 3, Civ. Code), 65,

72 ff., 81.
Herz, 163, 164.
Hessels, 48.
Heumann, 55.
Heusler, 50.

Heymaon, Entwurf, 61.
Heyne, 120.
Higgins, 58.
Hinrichs, 13.
Hinschius:

Kirchenrecht, 177.

Personenstandsgesetz, 85.
Hire-purchase, Si.
Hirschfield, 20, 68, 10;, 144.
Hirth's Annalen, 185.
Historical school, 26.
History, legal, 41 ff.
Holder, 39.

Hoffmann. H. E. v., 17S.
Hoffmann, U., 88.
Holdsworth, 53.
Holmes, 10.
Holtzendorfl. 1S6.

Encyklopadie, 23, 43.
Howard, 160, 161, 174.
H liber, 89.
Hubner, 50.
Hudson, 143.
Hue de Grais:

Gesetzgebung, 15.

Verfassuug, 172.
Hiittner, 11S.
Hugo, 29, 31. 188.

Husband and wife (Bk. 4, Civ. Code), 65, 72 ff., 85.
Husik. 36.
Huvelin, 101.
Ilbert, 42.

Illegitimate descent (Bk. 4, Civ. Codct, 65, 7^ ff., 85.
Illing, 1S0.

Immaterial rights, 50, 89 ff.
Imperial insurance office, 124, 133.
Imperial military court, 164.
Incorporeal rights, 50, 89, 91.

INDEX

219

Industrial accident insurance, 124, 133.

Industrial Code, 135.

Industrial courts. 1 ,'■

Industrial occupations. 137.

Industrial property, 89.

Infants (Bk. 4. Civ Codi IT , 85.

Inheritance (Bk -. Civ < ode), 45, 66. 72 ff., 86.

Inheritance taxes, 87.

Injunctions, 80.

Inland navigation, six.

Innkeepers (Bk. 2, Civ. Code), 63, 72 ff., 80; 136.

Insolvency. 116.

Insurance:

Accident, no. 122. 132.

Cattle, 119.

Commercial. 1 18.

Fire, 119.

Guaranty. 1 [9,

H.til, 1 1<>.

Industrial accident, 134.

Invalidity, 1 1 ■. 1

Life, 119.

Marine, 10S, 109.

Mercantile, 1 1

Old age, las, U4-

Orphans, 124.

Private, 1 18,

Si* kness. iaa, 131.

Social, i3i ff.

Unemployment, 135.

Widows, 1 34.
Insurant' en)
Insurant eCodi ; ff.
Insurance i ontract, 119.

[nterest(Bk. .-.Civ. Code), 63, 73 ff., 80; 98 ff.
International labor office, 1
International law, private, 68, 69, [47, 148,
Intcrnationalekrim. ver., 158, 170.
Internationale biMii^iMpliic, 1 .

Interpret- it I) it. i, 147.

Intestate succession (Bk, '1 Codi ff ,86.

Invalidity insurance, iss ff . 134

Isclin, 05.

Jacket, m.

Jaeger. 103, 116, 117

Jahrbucfa d, arbeitervcrsicfa

Jahrbucfa d. deut rcchts, 8s.

fahrbuchd int. vcr. f. gewerb rechtsschuU 9

Jahrbucfa <l offenl , rei bts, 174.

Jahrbucfa d. rechtsprg. (verwaltungsrecht), 1S5.

Jahrbuchd. verwaltungsrechts, 185.

fahrbucb f. entscheidungen, 18.

Jahrbucfa f. gesetxgebung, 186.

Jastrow, 37. is*-

Jatzow, 59.

Jellinek, 173, 174, 176, 188.

Jhering, 26, 34. 35, 89, x83.

Geist des rum. rechts, 35.

Kampf ums recht. 36.

Zweck iin recht, 36.
Jhering's Jahrbucber, 89.
Johow, x8, 57.

Joint creditors ( Bk. 3, Civ. Code), 63, 7.- ff., 80.
Joint debtors {Ilk. 1, Civ. Code). 63, 7a ff., 80.
Joint ownership | Bk. 2. Civ. Code), 63, 72 ff., 80.
Judgments, execution of, 141. [48
Judgments, execution of foreign, [48.
Judicial assistance in interstate or international

procedure, 147.
Judicial organization. 141.
Judicial sale, 148.
Judiciary Act, 141 ff., S58.
Jurisdiction, federal, 141.
Jurisdiction over foreign stati ,

Jurisprudence. 21 ff.

Jurisprudent germaniae, rj.

Juristic acts t Bk, 1. Civ. Code), 62, -2 ff.

Juristic persons 1 Bk. i, Civ Code), 63, ;.• ff.

Juristic persons (public law), 173, 183

Juristic survey, 21 ff

Juristische novitatcn. 1 2.

Juristische wochenschrift, B9.

Juristisches literaturblatt, 11.

Jury courts, 143, 161, 163, 170.

Justice, administration of, 36, 141, 15$. 172.

Kahler. (63

Kahl. 166

Kamptz, iS]

Kant. 27.

Kantorovicz, 38.

Eaufanann, 98.

Keil, 185.

Kent. <),;.

1 1

Kipp. 54, 75.

Kirihenlieim, 12.

KleiiiMlmi.lt, 158.

Kobncr, 178.

Koch:

Banking law, 1 14, 1 15.

Landre lit , i.

Zivilprozess, 145.
Kocourck. at, ■ >
Kohler, .'7, .-*. (s, J9l , . 88, ■ 17. I ,7. 185, 188.

11 G. H . 70

Biii erlii hen re< bts ■ ing, 11;

Cons, Ci mi. Carolin 1 ,i

GinfUhrung, 23.

1 ti j klopadie, 24

Pe i j,, ,

Gewerbl. rcchtsschutx, 97.

Kunsi wcrkrei ht , ox.

Musterreeht, 93,

220

INDEX

Kohler— Continued.

Patentrecht, 92, 93.

Rechtsphilosophie, 39.

Urheberrccht, 90.

YYarenzeichen, 94.
Kohne, 87.
Konig, 1S2.
Konige, 101, 103.
Konigsberger, 127.
Kopelke. 143.
Koppmann, 163, 164.
Korkunov, 23, 31, 37.
Kormann, 182.
Krause. J., 163.
Krause, K.. 29. «
Krctzchmar, 149.
Kriegsmann, 165, 167.
Kritische blatter, 12.
Kritische ucbcrschau, 12.
Kritische vierteljahresschrift, 12.
Kubel. 57-

Kuhlenbeck, 71, 113.
Kultur dcr gegenwart, 24.
Kiinlzel, 88.
Kunze, 181.
Kurlbaum, 57.

Laband, 89, 171, 172, 175, 171. ps, 183, 185, ci
Labor contract, 139.
Labor laws, 135 ff.
Lalor, 36.

Land charges (Bk. 3, Civ. Code), 6s. 7- ff.. Si.
Landlord and tenant (Bk. 2, Civ. Code), 63. 72 ff., 80.
Landmann. 13S.
Landrecht, Prussian. 47.
Land registry act, 64, 70.. 81, 151, 152.
Landsberg, 42.
Langen, 114.
Lasker, 56.
Lass, 125.
Lasson, 28, 31.
Law catalogues, 11.
Law reform, 147. 164.
Law reports, i>.
Layer, S^.

Layman's courts, 142, 171.
Leader. 112, 113.

Leases (Bk. r, Civ. Code), 63, 72 ff., 80.
Lcbbin, 96.
Lederlin. 145.
Led lie, 52.
Lee. 5i.
Lcfroy. 33.

Legacies (Bk. 5. Civ. Code), 66, 72 ff., 86.
Legal education, 18.
Legal encyclopedia, 21.
Legal ethics, iS, 150,
Legal history, 41.
Legal philosophy, :-.
Leges barbarorum, 42, 47, 48.

Legislation, 14.

Legitimation by subsequent marriage (Bk. 4, Civ.

Code), 66, 72 ff., Ss.
Lehmann, Karl, 103.

Aktiengesellschaft, 104.

Handelsgesctze, 99.

Handelsrecht, 102.

Rezeptionen, 49.
Lehr, So, 120.

Leipziger ztschr. f. handels- konk. u. vers.-wesen, 103.
Leonhard, R.. 34-

Allgemeiner tei! B. G. B., 77.

(Eck), 76.

Studien. 77.
Leonhard. \V., 168.
Leonhardt, 56.
Lcrminier, 33.
Leroy, 139.
Leske, 71, 143
Lcssing, ii4-
Letters rogatory. 14S.
Levis, 86.
Lewinski. 20. 14 i.
Lewis-Boyens, no.
Lex Salica, 48.
Library of Congress, 12S.
Licbermann, 47.
Licbmann. 187.

Liens (Bk. 2, Civ. Code), 63. 72 ff.. So
Liens, maritime, 10S.

Liens, mercantile (Bk. 3, Com. Code), 99, 108.
Liepmann, 164, 170, 171.
Life insurance, 119.
Lightwood, 36.
Lilienthal. 15S, i6*», 170.

Limitation, statutes of (Bk. 1. Civ. Code), 62. 72 ff.
Limitations of time (Bk 1. Civ. Code), 62, 72 ff-
Limited liability company or partnership, 105.
Limited partnership (Bk. 2, Com. Code), 99 ff.
Lindemann, 152.
Liszt. 156, 158, 165. 166, 167, 170.
Literary property. 89.
Loans (Bk. 2, Civ. Code). 63. 72 ff"-. 80
Lobe, 95.

Local law. applicat ion of ( Introd . A ct , Civ , Code), 68.
Loening, 177
Locwy, 42, 72.
I.'ihr. 115.

Lorenzen, 20, 68, 113.
Lorimer, 29.
Lost instruments, 141.
Lotmar, 55, 140.
Lowe. 160.
Lowrie, 177.
Maas. 13, 72, 88.
McXeal, 49.
Magnus, 94.

Maintenance (Bk. 4. Civ. Code). 66. 72 ff., 85.
Maitland, 9, 43, 47, 58, 78.

INDEX

221

Makower. 101.

Manager

Mandate i Bk. a. Civ. Code*. 63, 7a ff., 80.

Manes. 1 10, 121, 1 16, 127.

Manorial rights, I -

Marine insurance, 108. 109.

Maritime law, 10S.

Marklr;

Marker, 86.

Markets and (air-:, ] i7.

Marquardsen, 173.
Marriaee ( Hk. 4. Civ. Cod
(Introd. Act, Civ. Cod<
Marriage contracts, registration, Bsi 151.
Martitz. i8a.

Matrimonial causes, procedure in. 141.
Matrimonial liability for debts (Hk. 4, Civ. Cod

72 ff..8S.
Matrimonial management and use of property (Bk.

4. Civ.Codi , 85.

Matrim<jni.il rights in property (Bk, 4. Civ, Code).

65, 72 ff . B5.
Maurer, 50.

Mayer, Otto, 178, 179, 183. 185.
Meat inspection laws. 96.
Medical jurisprudence, [68
Mendelssohn- Bartholdy, 147.
Mentzel, 126.

Mercantile register ' Bk. 1. Com. Code), 98.
Mercantile trader. Ilk 1, Com. Code). 98 IT.
Mercantile insurance, 114.
Merchants' courts, 148.
Merkel, 22. 165.
Merzbacher, 115.
Meszlens
Methodolo ry, 20.

1
Meyer, t '., 1 j .-. 170.
Meyer, II ,, 156.
Meyer. Hermann, 14;.
Miaskowski, 128.
Military criminal law, 163.
Military duties. 1 76.
Military law
Military Penal Codt
Miller,
Mine labor, 137.

ind mining, <>:. 122, 136, 137, 172.
Mingling, of things (Bb ., Cm Codi n -<

Mint/. 92.
U ■ 1 1 ; ■ ■ entation

Mistake (Bk. 1. Ci\ 1 ode), I . B
Mitchell. <>4.

Mitteilungen d. Berlin geweTbegerichta,
Mitteilungen d. tat kriminalist. vtr, 1
Mittilstein. 81, 111.

Mittermaier, 154, 1 171

Modderman, 53.
Modern criminal 1 U n< c series, 168.

Modem legal philosophy series. 40.

Mold, 173, 175, 180, r{

Mommsen, 188.

Moud, 130.

Monopolies. 117.

Montague, 117.

Monumenta germaniae bistorica,

Morris

Mortgage (Bk. 3, Civ Code 65, 7a ff., 81; 151.

Mori sage hank law, n>.

Moseley, 159.

Motives. Civil Code, 59 ff.

Mugdan, 17

Materialien. 61.

Vormundschaft, 86,
Miihlbrecht, 11.
Miiller, 90.

Musical copyright 90.
Musicians, 127, 136.
Nagler, 167.

National Monetary Commission. 114, 115.
Nationality, 67, 176.
Navigation, inland, m.
Navigation, insurance, 133,
Navy, 163. 172.

Negligence (Bk. 2. Civ Code). c>4, 72 ff., 80.
Negotiable instruments (Bk. 2. Civ. Code), 64, 72 ff..

Ho; 112. 141.
Negotiable instruments, custody of, 115.
Ncitzcl. So. 82, 151.
Nelken, 140.
NTeue bucher, 13.
Neukamp. 1 1 ;
Ncukirch, 107.
Neumann. Sy.

Handausgabe, B. C.. B.. 73,

Jahrbuch,

Rechtsprechung, 16.
Newspapers, law of, 91.
New trial, 1 I'-

N'iendorff, 81.

Non-contentious jurisdiction, i.|S, 151.
Notarii s, > 1 . 1

Novation (Bk t.Cii 1 ■ ■■'■ 72 ff . 80.

« iheniei k. Ba, 1 sr.

1 ^ligations I bk. ■. Civ. Co li ff., 7-- ff . to.

Obli ition to bearer (Bl Cod ff., So,

1 iertmann,8o,88.
S» huldverfa Itni

< Ktker. If'l.

aerecht d 1 1 awart, 1 las, 173.
1 >ld .1. 1 in in. hi. - . . ,134
» tlshati

Jahrbuch, 88.

Strafgesetzbuch, 1

StraJ 1 ung, 155.

1 Ushausen, Th, 186.
Opct, 8s.

222

INDEX

Oppenheim, 185.

Orders and drafts (Bk. 2, Civ. Code), 64, 73 ft"., 80.

Orphans insurance, 134.

( 'sterrieth:

Gewerblicher rechtsschutz, 96.

Patent entscheidungen, 94.
Ownership (Bk. 3, Civ. Code), 64, 72 ff., Si.
Ownership, acquisition and loss of (Bk. 3, Civ.

Code), 64, 72 ff . 81.
i >u niTship of vessels, 10S.
Pagenstechcr, 147.
Pandektenrecht, 54.
Pape, 57.
Pappenheim, 110.
Pardessus, 48.

Parent and child (Bk. 4, Civ. Code), 66. 73 ff., 85.
Parisius, 105, 106.
Parmclee, 168.

Partition of common lands, 67.
Partnership (Bk. i, Civ. Code). 62, 72 ff.

(Bk. 2, Civ. Code), 63, 72 ff., 80.

( Introd. act. Civ. Code). 68.
Partnership, business (Bk. 2, Com. Code), 99 ff.
Party walls (Bk. 3, Civ, Code). 04, 72 ff.. 81.
Patents, law of, 92.
Paupers, 183.
Penal Code, 151.

Penal Code, preliminary draft of new, 166.
Penology, 16S.
Pensions, civil service, 1S3.
Pensions, old age, 134.
Perels, no.
Performance of contracts (Bk. 2, Civ. Code). 63.

7a ff.. So.
Personal status registration act, S5.
Persons (Bk. i, Civ. Code), 62, 72 ff.
Peters, 147.
Petersen, 132, 145.
Pfaff, 14-
Pfafferoth, 149.
Phillimore, 84.
Phillips, 142, 159.
Philosophy of law, 34.
Photograph copyright. 91.
Photographers, 136.
Physicians, 136.
Piece wage, 139.
Piloty, 131,133,173.174,182.
Pineles, 45.
Pinkus, 139.
Pinner, 101, 103.
Planck, G.. 57,60.

Kommentar, 74.
Planck, J. J., 46.
Piatt, 100.

Pledge (Bk. 2, Civ. Code), 63, 72 ff., 80.
Pledge of movables and of rights (Bk. 3. Civ. Code).
65, 72 ff.. 81.

Police, 172, 179.

Police magistrates, 169.

Pollock, 9,29.

Poor relief, 183.

Posener, 72.

Possession (Bk. 3, Civ. Code), 64. 72 ff., 81.

Post, 27.

Pound, 9, 30. 32j33»38, 147. 168.

Pozl. 13.

Preemption (Bk. 3. Civ. Code). 65. 72 ff., 81.

Premiums, 119.

Prescription:

(Bk. 1, Civ. Code), 62. -2 ff

(Bk. 4, Com. Code), 108.
Prescription, ownership by (Bk. 3, Civ. Code), 64,

72 ff., 81.
Press law, 91.

Prcuss.-deut. gesetzsammlung. 14.
Prisons. 169.
Privatrecht, 49.
Privileged communications (in manufacturing and

business), 95.
Probate, 87, 151-
Probate court, jurisdiction of wills (Bk. 5. Civ.

Code), 66, 73 ff., 86.
Procedure:

Administrative, r.Si.

Civil, 140, 171.

Criminal, 15S, 171.

Ex parte, 151.

Feudal, 143.

Insurance, 124.

Noncontentious, 151.
Procuration (Bk. 1, Com. Code), 99.
Production of chattels and instruments on demand,

(Bk. 2, Civ. Code), 64. 72 ff-. 80.
Products, acquisition of (Bk. 3. Civ. Code), 64, 7a

ff.. 81.
Property (Bk. 3. Civ. Code). 64. 72 ff , 81.
Protests, 113.
Prussian Landrecht, 51.
Public law, 171 ff.
Public officers, 136,179-183.
Publisher, rights of, 90.
Puchta, 188.

Outlines, 22.

Pandekten. 55-

Vorlesungen, 55.
Punishment, 169.
Purchase and sale:

(Bk. 2, Civ. Code), 63, 72 ff., 80.

Mercantile (Bk. 3. Com. Code), 99.
Pure food, 96.
Railroad accidents, 122.
Railroad passengers, 123.
Railroads, 106,122.
Railway labor, 13S.
Randolph, 112.

INDEX

223

Rassow, 88.
Rath, 60.

Ratification (Bk. 1, Civ. Code), 62. 72 ff.
Rausnitz. 152.

Real property 1 Hk ;, Civ. Code). 64. 72 n\. 8>". Ms-
Reatz, 60.

Reception of Roman law, 57.
Recht. Das, 89.
Rechtslehre, 25.
K«.\litslexikon, 24.

Reehtsprcchun« d. oberhandels^erirht, 17.
Rechtsprechuiig d. reichsk'crieln
Rechtsprechung z. Res. zivil etc . recht, iS.
Reform of civil procedure, 147.
Reform of criminal law and procedure, 164.
Regelsbcrncr. 55.
Reger, 17.

Registration of births, marriages, and deaths, 85.
Registration of documents, etc., 151.
ion ol title, 64. 70.

Rehbcin, 52.

Rehearing, mi.

Rehm, 105. 1 14, 120.

Reichsgericht, 16.

Reichsgcrichtsraten, 74.

Reichsgesetzblatl , 14

Reichsoberhandelsgericht, 16.

I 'tun fee, 5-'

Reitzenbaum g

Relation of Code to imperial law (Introd. Act,

Civ. Code). 67. 69.
Relation of Code to state law (Introd. Act, Civ.

Code), 67, 69-
Relativcs, maintenance of (Bk. 4, Civ. Code), 61

7-' ff.,85.
Release (Bk. 2, Ch Code), 63, 72 ff., 80.
Remeli

Renton & Phillimore, ^4.
Rents (Bk. .-. Ci\ Cod 11 . So.

Renvoi [Introd Act, Civ. Code), 68.
Report 1 ■ 1
Representation (Bk i. Civ Codt , 62, 73 ff.

lonsibility of the state. 179, 183
Restraint of trade, 1 17.
Review, 1 \i

Revocation o( will (Bk 5, Civ Codi
Reward (Bk. . Ch Code), 63, -j ft*.. So.
Richter, 106.
Riesser, ioj, 115.

R iezler, 91.

Rights, in and over land 1 Rk j, Ci\ '. Code 1, 64, 72 IT.
Rights, substantive, adjective (Bk. j, Civ. Code),
,-• ff.. 77 ff.
.,i way ■' Hk ;, Ci\ Codi fl . 1

Ring, iS. ss, 104.
Ringros<
Rittmanu. 150.
Rohmer, 138.

Roman law, 54,

Rose. 36.

Rosenmeyer. 107.

Rosin. 1 ii.

Rossbcrg. 15.

Roth. 51. 57.

RothUsberger, 91.

Rumpf, 33.

Runduagel, 107.

Rundstcin, us.

Sale (Bk. 2, Civ. Code). 63. 72 ff.. 80.

(Bk 3. Com. Code), 99 ff.
Saleilles:

Declaration dc volonte, 79.

Introduction, 73.

Obligation, Si.

Personnes iuridiques, 78.

Salic law , 48.

Salmond, 34.
Salvage, 108.
Sanitariums, 136.
Sartorius, 86.
. 1S1.
Sauer. 85.
Sa\ igny, 26, ?9. 30, 188.

Conflict of laws. 31.

( Ibligationenrecht, 54.

Possession, 84.

System, 54.

Vocation fur legislation, 30.
Savings bank societies, 137
Saxon Code, 47, 52.
Schaeffle,
S« haps, 109.
Scheel, 1 53.
Schierlinger, 1 55.
Schirrmeister, 20.
Schlossmann, 81.
Sell in id, ra6.
Schmidt, 57, 97. 1S5.

Zivilprozess, 146.
St hmoller, 186.
Schneider, 120.
Scholz, 174-

Schools of crirninal law, u< 1,
S< hools of ini isprudence, .'s ff.
Schr&der, R. K.. H., Rechtsgeschichte, 44, 6x.
.1 hio, der, E.:

Grundbuch Entw h

Vonnundst ha
Schulte, I P

ECirchenrecht, 177.

Rechtsgeschichte, 44.

Si Inili/e Oorlitz, 1 si.

Schultzenstein, 151. 185.
Schulz, ia6, 138, 148.
Schulze,

Schuster, A. P., 99, 10s, n*.

224

INDEX

Schuster, E- J., 42, 47, 58,68, 70,80,84,98, 100, 113, 130.

Principles, 72.
Schwarzenberg, 153.
Scott. 16S.
Seamen's Act, 109.
Seamen, 109.
Seckel, 55.

Securities, deposit of, 115.
Security and bail (Bk. 1, Civ. Code). 62, 72 ft".
Self-defense (Bk. 1, Civ. Code). 62, 72 ft
Self-help (Bk. 1, Civ. Code), 62. 72 fT.
Seligsohn, 93.
Senckpiehl, 107.
Separate property — matrimonial (Bk. 4. Civ.

Code). 66, 72 ff., 86.
Separation, judicial (Bk. 4. Civ. Code), 66. 72 ff.. 86.
Sequestration, 148.
Servitudes, real and personal (Bk. 3, Civ. Code). 65.

72 ff.. 81.
Set-off (Bk. 2. Civ. Code), 63, 72 ff., 80.
Seuffert:

Archiv. 17.

Civilprozess, 145.

Konkursprozess, 116.
Seydel, S3.
Sheriffs, 149.
Ships and shipping, 108.
Ships' officers, 127.
Sickness insurance. 122 ff., 131.
Siegel, 44.
Sievekiug, 109.
Silberberg, 118.
Silbernagel. 103.
Simeon, 76. 150.
Simon, 150.
Singer, 92, 94-
Skilled laborers, 136.
Slander of credit or goods, 95.
Smith, Munroe. 20, 21. 55, 58, 171.

Jurisprudence, 32.
Smithers, 70, 113, r68,
Social insurance, 121 ff.
Social legislation, S, 121, 172.
Societies, unincorporated, 62, 78.
Sociological school of criminal law, 167.
Soergel, 18, 89, 185.
Sohl, 163.
Sohm. 52, 177.
Sokalowski, 54.
Sommer, 169.
Spahn, 60.

Specific performance, 80.

Specification (Bk. 3, Civ. Code). 64, 72 ft" , 81.
Spiegel, 23.

Staatsrechtliche abhandlungen, 174.
Stadthagen, 140.
Stahl, 28.

Stammler, 188.

Richtigen recht, 38.

Theorie, 38.

Wirtschaft und recht. 38.
State, the, 1S3.
State, theory of the. 175.

Statute of limitations (Bk. 1. Civ. Code), 62, 72 ft".
Statute law, 14 ff.
Statutory regime over matrimonial property (Bk. 4,

Civ. Code), 65, 72 ft"., 85.
Staub. 89.

Gesellschaften m. b. h,, 105.

Handelsgesetzbuch, 101. 103.

Vertragsverletzungen, 80.

Wc-ehselordnung, 113.
Staudinger, 74.
Steidle, 164.
Stein, 145.
Stengel, 178, 1S0.
Stenglein, 156, 157.
Sternberg, 37.
Stier-Somlo, 185.

Reichsversicherungsordnung. 126.

Sozialgesetzgebung, 131.

Sozialrecht, 135.

Vereingesetz, 79.
Stintzing:

Popularen literatur, 53.

Rechtswissenschaft, 41.
Stirling, 29.
Stobbe:

Privatrecht, 50.

Rechtsquellcn, 44.
Stock corporation (Bk. 2, Com. Code), 99, 103.
Stock exchange law. 114.
Stockholders (Bk. 2, Com. Code). 99 ff.
Stoerk. 185.
Stolzel, 86. 182. 1S7.
Storck, 174.

Strafprozess-reform und Iaien-richter, 171.
Stranz, 113.

Streams and water courses, 67.
Strohal, 89.

Erbrecht, 86.

Sachbesitz, 84.
Struckmann, 145.
Studien zur forderung des gewerblicheu rechts-

schutzes, y;.
Sturm, 37.
Succession and descent:

(Bk. 5. Civ. Code), 66, 72 ff.. 86.

(Introd. Act, Civ. Code). 68.
Succession taxes, 87.
Summary proceedings, 141.
Sumner, 138.

Supreme court. 16. 141. 143.
Suretyship (Bk. 2, Civ. Code), 64. 72 ff., 80.

INDEX

225

iti thercchtswissenschaft, 24.
Systematisches handbuch d. dent, rechtswissen-

schaft. See Binding.
Tarilvertrag, 139.
Taussig, 132.
Taxation. i;i. 178.
Taxation (guilds and unions), 137.
Testament (Bk. s, Civ. Code), 66, 72 fl\, 86.
Testamentary charges fBk. 5, Civ. Code
Testamentary succession (Bk. 5, Civ. Code), w>. ;a

ff.,86.
Tezner, 1S1.
Theory of law, 25 ff.
Thibaut. 30.

Things I Bk. 3l Civ. Code), 64. 72 ff., 81.
Things, consumable (Bk. i, Civ. Code , 6a, 7-' ff-
Thomsen. 186.
Time, conditions and limitations 1 Bk. 1, Civ. Code),

62. 71 ff.
Time wage, 139.
Tingle, 176.
Title, transfer and conveyance of (Bk. 3, Civ. Code .

64. 72 ff.. 81.
Torts:

(Bk. 2. Civ. Code), 64, 72 ff-. 80.
(Introd. Act. Civ. Code), 68.
Trade guilds, 122.
Trademarks, registration, 94, 151.
Trade-names (unfaii competition
Trade regulations, 135 ff.
Trade unions, 137.
Traders, mercantile (Bk. 1, Com. l

nun, 136.
Trading companies, 98 ff.
Transfer and com eyance <>f ownership (Bk.

Code). 64, 72 ff, 81.
Transitory provisions of Civil Code, 67 ft*
Transportation. 172.
Mv rail, 106.
By water, 108.
Tribal laws. 47.
Triepel, 175, 180.
Triimplcr, 114.
Trust, equitable, 78.
Trusts and monopolies. 117.
Trutzer, 134.
Tuhr, 77.
Turnau, 82.
Tutors, 127.

i Krsicht d. ges. lit., 11.
Ullmann, 13.
Ulrica, 1 1 1.
Unauthorized management of others' affairs (Bk. 3,

Civ. Code). 03, 72 ft*., 80.
l viiient. 135.
Unfair competition, 94 ff.

Unger, 161.

Unincorporated societies (Bk. 1, C:v. Code), 62, 72

ff,, 78.
Unjust arrest, compensation for, 162.
Unjust conviction, compensation ft
Unjust enrichment (Bk. 2, Chr. Code), 64. 72 ff.,80.
Unknown claims, 141.

Unlimited partnership (Bk, », Com. Code), 99 ff.
Useful models. 93.

Usucaption (Bk. 3, Civ. Code), r>4. :-• ff-. 81.
Usufruct:

(Bk. 1. Civ. Code). 62, 7^ ff-

(Bk. 3, Civ. <.' it., 81.

Vangerov
Veditz, 137.

Vergleichende darstellung (Civ. Code), 71.
Vergleichende darstellung (Crim. law), 166.
Vering trial. 160.
Verwaltungs-archiv, 185.
Vessels, 108.
Vierhaus, 58, 151.
Vierteljahres katalog, 13.
Vinogradoff. 53.
Vital statistics, 85.
Void and voidable marriages (Bk. 4. Civ. Code), 65,

72ff,85.
Vossen, 79.
Wach. 14-. e8&
Wachter, 1S8.

Wagering contracts (Bk. 2. Civ. Code), 64, 72 ff .So.
Wagner, no.

Waitz, Salische Franken, 48.
Walker. 1 17.
Walter:

Corp. jur. germanici. 47.

Rechtsgeschichlc, 44.
Walton. 70.
Walz, 20.
Wang, 42t72.

Warehousing (Bk. 3. Com. Code). 99 ff.
Warneycr, 17.
Waters. t>r- in.
Way. right of (Bk. 3. Civ. Code). 64- 7* ff-. 81.

Weber, von

Wegweiscr durch d. lit., n.
Weights and measures, 95.
Weiss, 96.
e, 86.
Weissler, 152.
Wcndt, 109.
Werthcim, 187.
Weyl, 131.

Widows insurance, 124 ff.
Wigmore, 9.41,168.
WiUenbtU lu-r, 150.
Willoughby, 137.

V — 1:

-15

226

INDEX

Wills (Bk. 5. Civ. Code). 66, 72 6"., 86; 151.
Wilmowski. 116.
Wilson, 80, 116.
Windscheid, 35, 57, 188.

Pandektenrecht. 54.
Winthrop, 163.
Witnesses, experts, 149.
Woedtke, 132,134.
Wdlbling, 139.
Wolf. 149.
Wolff. 75-

Women (in factories). 137.

Work and services (Bk. 2, Civ. Code), 63. 72 ff., So.
Workmen's insurance. 121 ff.
Workmen's associations, 137.
Workmen's relief societies. 137.
Wbrterbuch d. deut. verwaltungsr., 1S0.
Worterbuch d. engl. rechts, 187.
WulrTen, 169.
Wuttig, 11.

York-Antwerp rules, in,
Zachariae, 175,188.
Zueher, 129,130.

Ztschr. d. Savigny-stiftung, 45.

Ztschr. f. deut. burg, recht und franz. zivilrecht, 89.

Ztschr. f. deut. zivilprozess, 151.

Ztschr. f. d. ges. handelsrecht (Goldschmidt). 103.

Ztschr. f. d. ges. staatswissenschaft, 185.

Ztschr. f. d. ges. strafr.. 13, 15S.

Ztschr. f. d. priv. u. orient, recht. 185.

Ztschr. f. gewerb. rechtsschutz, 97.

Ztschr. f. industrierecht, 97.

Ztschr. f. koloniaipolitik, 178.

Ztschr. f. politik, 185.

Ztschr. f. rechtsgeschichte. 45.

Ztschr. f. vblkerrecht u. bundes-staatsrecht. 185.

Zeumer. 175, 180.

Zimmerman' 56,160,161.

Zitelmann:

Einfuhrungsgesetz. 69.

Vorbilding. 19.
Zoepfl:

(ed., Clement), 48.

Rechtsgeschichte, 44.

Staatsrecht, 175.
Zorn, 172.

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