Why has the German Civil Code Proven so Durable

Abstract

This paper explores possible reasons for the longevity of the German Civil Code (Burgerliches Gesetzbuch) using mostly English language sources. The introduction reviews the reasons usually given for the durability of the Code in the context of the history of Germany. None are completely satisfactory. The next section is devoted to a description of the Code. It concludes with attention to the patriotic motives of its developers, an important factor in determining its unique character. The third part examines what social scientists and legal scholars, with an emphasis on sociologists, have written about legal evolution and this important legislation. Their results, although often interesting and provocative, made no substantial contribution to the problem. The “Conclusions” summarize and make the point that it is not known what determines the quality or durability of legal systems.