What is the definition of legal rights
Civil law is the central matter of private law. Unlike the special legal areas of private law that only apply to certain professional groups or subject areas (e.g. commercial law, company law or, in some cases, labor law), civil law regulates the legal relationships of every private person, regardless of their position within society.
Civil law is shaped by a number of guiding principles that run through the individual legal rules.
Civil law regulates the legal relationships between individual private individuals on the basis of strict equality. In addition, the individual is not only equal in relation to the other, but also free. He can determine his options for action without state coercion, the state keeps as far as possible out of the regulation of civil legal relationships (private autonomy). A necessary addition to the principle of private autonomy is the guiding principle that once a contract has been concluded, it must be correctly complied with, as long as the other partner does not subsequently agree to an amendment or cancellation of the agreement. The principle of "good faith", which is mentioned in Sections 157 and 242 of the German Civil Code (BGB), also applies to the interpretation and implementation of contracts in civil law.
The civil code with its subsidiary laws (e.g. the Dismissal Protection Act) is the central legal source of civil law, which arose from a merger of Roman and German law.
The preparatory work on the BGB and thus on civil law began after the establishment of the Empire in 1871, which created the prerequisites for a comprehensive German-language codification applicable throughout Germany. In 1896 the BGB was passed and came into force on January 1st, 1900. It was a model for legislation in many other countries around the world and, with its 2,385 paragraphs, is one of the most important pieces of legislation of recent times.
The civil code contains in 5 books
(1) General regulations with fundamental questions and definitions, in particular on persons, things, legal capacity, legal transactions, etc., which are also of importance for all other books of the BGB;
(2) the general and special law of obligations, which regulates the contractual relations between creditors and debtors;
(3) Property law, which deals with movable and immovable property and rights to it, such as possession or property, etc.;
(4) family law, in which rules z. B. About kinship, guardianship, marriage as well
(5) Regulations on the legal situation after the death of a person = inheritance law.
This structure of the BGB shows a sequence from birth to death, whereby in the general part general standard components have been separated out through abstraction.
Civil law is supplemented by the special rules of private law, e.g. commercial law or labor law. For example, commercial transactions or employment relationships establish legal relationships under civil law and only in individual cases do the provisions of commercial or labor law formulate supplementary legal rules.
Thus, civil law is of fundamental importance for all areas of private law.
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