Article by Mathias Reimann
At the beginning of the twenty-first century, the German legislature undertook a massive reform of the centerpiece of the German Civil Code (Bürgerliches Gesetzbuch, BGB)—the law of obligations (Schuldrecht). While the reform was underway and right after it took effect, heated debates ensued and commentators spilled huge amounts of ink about its merits and problems, not only in Germany but also abroad. Now, seven years later, the dust has by and large settled, and a more sober assessment of the undertaking, its effects, and especially its larger significance is in order. On the whole, the changes brought by the reform were more good than bad, but they also made the Code uglier than it had been before.
This Article has three main parts. Part I outlines the path of the BGB from its enactment in 1896 to the implementation of the reform in 2002. In particular, it contrasts the deliberate pace of the Code's making and the limited scope of previous changes with the abruptness and deep impact of the 2002 reform. Part II then summarizes and analyzes the main features of the changes that entered into effect in 2002. It shows how the law of obligations was updated, streamlined, and modernized, but also massively expanded. Finally, Part III assesses the merits of the reform and discusses its broader implications for the codification of private law in our age. It focuses on the mounting tensions between the traditional credos of codification on the one hand and the politization and internationalization of law on the other. This Article by and large eschews the details, not only because they have been described elsewhere but also because they make one quickly lose sight of the forest before the trees. As the reader will soon enough realize, the German law of obligations remains complicated enough even on the surface level; those who look for all the details are likely soon to regret it.
About the Author
Mathias Reimann. Hessel E. Yntema Professor of Law, University of Michigan; Dr. iur utr., University of Freiburg 1982; LL.M., University of Michigan 1983.
Citation
83 Tul. L. Rev. 877 (2009)