Civil Law Lawyer Munich

GENERAL CIVIL LAW

Lawyer in Munich

CIVIL LAW - AN OVERVIEW

General civil law forms the foundation of private law and regulates legal relationships between private individuals. In Germany, it is laid down in the German Civil Code (BGB) and covers a wide range of legal areas, including contract law, tort law and property law.

Fundamentals of general civil law

General civil law is the basis for everyday interaction in society. It affects everyone who concludes contracts, owns property or has legal relationships with other people. The most important principles of general civil law are private autonomy, the protection of property and freedom of contract.

Private autonomy and freedom of contract

Private autonomy allows individuals to organise their legal relationships themselves to a large extent. An essential component of this is freedom of contract, which enables the parties to conclude contracts according to their own ideas. However, this freedom is not limitless; it is restricted by legal provisions in order to protect weaker contractual partners and ensure a fair balance.

Property rights

Another central component of general civil law is the right of ownership. Ownership is defined in the German Civil Code as a comprehensive right of dominion that gives the owner the right to deal with the property as they wish and to exclude third parties from any interference. Here, too, there are restrictions that can be determined by legal regulations or contractual agreements.

Contract law

Contract law is an essential area of general civil law and regulates the conditions under which contracts can be concluded, fulfilled and, if necessary, contested. A contract is concluded by two concurring declarations of intent - offer and acceptance. The parties must have the legal capacity to enter into a contract and the content of the contract must not violate legal regulations or common decency.

CONTRACTS, SERVICES, DAMAGES IN CIVIL LAW

There are different types of contracts in general civil law, including sales contracts, rental contracts and service contracts. Each type of contract has specific regulations that are set out in the German Civil Code (BGB). For example, a purchase contract includes the seller's obligation to hand over the goods and the buyer's obligation to pay the purchase price.

Performance disruptions and compensation

If there is a breach of performance, i.e. if one party fails to fulfil its contractual obligations, general civil law provides for various legal consequences. These include claims for damages, cancellation rights and the option to reduce the purchase price. In order to assert a claim for damages, the injured party must prove the damage and the causality between the breach of duty and the damage.

AREAS OF RESPONSIBILITY IN CIVIL LAW

General civil law is a complex and wide-ranging area of law that affects a large number of areas of life. It provides the framework for people's interactions, regulates their contractual relationships and protects their rights. A basic understanding of the principles and regulations of general civil law is therefore of great importance for anyone who wants to move confidently in everyday life and in business transactions.