Comparative Law Class 9 German, Swiss, Austrian Civil Codes
Swiss Politics • Closest in the world to a direct democracy
Conflicts • “A legal system is bound to suffer when preliminary questions regarding the area of validity of laws and rules regarding their application bulk much larger than substantive law.” Egger (CB p. 169)
Swiss Civil Code • Schweizerisches Zivilgesetzbuch (adopted 1907 – came into effect 1912) • Eugen Huber
Compare: German and Swiss Civil Codes • Language • Style • Structure • Completeness of Rules
Gaps • ZGB art. 1 par. 2 and 3 • If no relevant provision can be found in a statute, the judge must decide in accordance with the customary law and, in its absence, in accordance with the rule which he would, were he the legislator, adopt. In doing so he must pay attention to accepted doctrine and tradition.
Influence/Reception of Swiss ZGB • Turkey – Swiss Code brought into force almost word for word as Turkish Civil Code in 1926 after Ataturk created Republic of Turkey. • Why did this happen? • What difficulties resulted?
Austria • Federal Republic
Austrian politics • President: Heinz Fischer (Social Democratic Party SPÖ)
Austrian Civil Code • Austrian General Civil Code Allgemeines bürgerliches Gesetzbuch (ABGB) of 1811
Empress Maria Theresa • Codex Theresianus 176 • Josephian Code 1787
Underlying Principles • On what underlying principles is this code based? • Did social conditions in Austria in the nineteenth century comport with these principles?
Compare ABGB with BGB and French Civil Code • Structure • Length • Completeness • Effect Abroad