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7 Eur. J.L. & Econ. 5 (1998-1999)

handle is hein.journals/eurjlwec7 and id is 1 raw text is: a European Journal of Law and Economics, 7:5-14 (1998) © 1998 Kluwer Academic Publishers The German Civil Code of 1896: An Economic Interpretation JURGEN G. BACKHAUS Maastricht University, AE, PO. Box 616, 6200 MD Maastricht, The Netherlands, email: j.backhaus@algec. unimaas. nl Abstract The 19th century has seen some large codifications, several of which such as the Code de Napoleon of 1804 and the German Civil Code of 1900 have shown remarkable longevity. This article deals with the economists' influence on the German Civil Code of 1900. It is argued that the economists played an important role in re-shaping the Code, that this was even a concerted effort, and that Otto von Gierke's legal doctrine proved to be particularly viable for the introduction of economic ideas into legal reasoning. Keywords: BGB (German Civil Code), law of persons, law of things, law of obligatory relations. JEL Classification: K1O Introduction On August 12, Napoleon Bonaparte as First Consul promulgated a decree appointing a Code Commission of four and instructed them to have the Code ready by the ensuing November. After a carefully designed process of revisions, the Code Civil was promul- gated on March 21, 1804. Again in August, on August 18, 1896, the German Emperor ratified the German Civil Code, which took effect on January 1, 1900. Between these dates, there was a century of civil codification, well known to the historians of law yet less well known to students of law and economics. In fact, the great codifications were inspired by far sighted rulers and legal scholars already before the French revolution. The Code Fredbric or Prussian Gesetzbuch of 1751, later became the Landrecht of 1794 and, al- though not purporting to be complete, was actually favoured by Savigny over the Code Civil. A table gives the chronology of codification relevant to the German civil law1.

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