German Legal Terms A-D

A

Abstraktionsprinzip — The abstract principle separating the obligatory contract from the real agreement effecting a transfer of property. The validity of the conveyance is independent of the validity of the underlying obligation. If the contract of sale is void but the real agreement complies with property law requirements, ownership still passes. The recipient must retransfer the property through an unjust enrichment claim under section 812 BGB. This principle is unique to German law and is fundamental to the BGB’s system of property law.

Allgemeiner Teil — The General Part of a German code. The Allgemeiner Teil of the BGB (sections 1–240) contains foundational provisions applicable to all areas of private law, including legal capacity, declarations of will, contracts, agency, and limitation periods. The pandectist structure places general provisions before specific ones, enabling deductive application.

Amtsgericht — Local court handling minor civil and criminal cases, family matters, and certain administrative functions including the land register and probate. Amtsgerichte are the lowest level of the ordinary court system and are presided over by single professional judges. Their civil jurisdiction covers claims up to 5,000 euros.

Anspruch — A legal claim or right to demand that another person do or refrain from doing something. Section 194(1) BGB defines an Anspruch as the right to require another to act or forbear. Claims are subject to limitation periods (typically three years under the 2002 reforms) and may arise from contract, tort, or unjust enrichment.

Arbeitsgericht — Labour court, the specialised court system for employment disputes. Labour courts are organised in three tiers: local labour courts (Arbeitsgerichte), regional labour courts (Landesarbeitsgerichte), and the Federal Labour Court (Bundesarbeitsgericht). They have exclusive jurisdiction over individual and collective employment disputes.

Anfechtung — Avoidance or rescission of a legal transaction due to mistake, fraud, or duress. Under sections 119–124 BGB, an avoidable transaction is valid until rescinded, and rescission must be declared within specified time limits. A mistake about the content of a declaration (Inhaltsirrtum) or about essential characteristics (Eigenschaftsirrtum) may ground avoidance.

Aufrechnung — Set-off, the mutual extinguishment of reciprocal claims between two parties. Under sections 387–396 BGB, set-off is effected by declaration to the other party where the claims are of the same kind and both are due. Set-off operates retrospectively from the time the claims first became capable of set-off.

Anscheinsbeweis — Prima facie evidence, a doctrine allowing the court to infer a fact from typical events without specific proof. If a typical course of events is established, the opposing party must present evidence of atypical circumstances to rebut the inference.

B

BGB — Bürgerliches Gesetzbuch, the German Civil Code. The primary codification of German private law, in force since 1 January 1900. The BGB is organised into five books: General Part, Law of Obligations, Property Law, Family Law, and Succession. It is known for its conceptual precision and systematic structure.

BGH — Bundesgerichtshof, the Federal Court of Justice. The highest court of appeal in civil and criminal matters, sitting in Karlsruhe. The BGH ensures uniform interpretation of federal law and develops legal principles through its jurisprudence. Its decisions are highly persuasive but not formally binding on lower courts.

Bundesrat — The upper house of the German parliament, representing the sixteen Länder through their appointed delegates. The Bundesrat participates in federal legislation, particularly for laws affecting Land interests. Its consent is required for laws that affect Land finances or administrative competences.

Bundestag — The lower house of the German parliament, directly elected by the people for a four-year term. The Bundestag is the primary legislative body and elects the Federal Chancellor. It operates through a committee system and party groups.

Bundesverfassungsgericht — The Federal Constitutional Court, the guardian of the Grundgesetz, located in Karlsruhe. The Court has jurisdiction over constitutional complaints, abstract and concrete judicial review, and disputes between state institutions. It sits in two Senates of eight justices each.

Beweislast — Burden of proof, the obligation to prove facts favourable to one’s case. In civil proceedings, each party bears the burden of proving the facts that support their claims or defences. The burden is allocated according to the substantive law.

Besitz — Possession, the factual control over a thing, distinguished from ownership (Eigentum). Under sections 854–872 BGB, possession is protected by possessory remedies independent of ownership rights.

C

Condictio Indebiti — A claim for restitution of something conferred without legal basis, governed by section 812 BGB. Used where a transfer is valid under the abstract principle but the underlying obligation is void. This is the primary mechanism for reversing unjust enrichment in German law.

Culpa in Contrahendo — Pre-contractual fault giving rise to liability for losses caused in the negotiation of a contract. Recognised by German courts and later codified in section 311(2) BGB. Liability arises where one party causes the other to rely on the validity of a contract that is never concluded or where negotiations break down through fault.

Culpa — Fault, encompassing both intention (Vorsatz) and negligence (Fahrlässigkeit). German law distinguishes degrees of fault for different legal consequences, with gross negligence sometimes equated with intention for certain purposes.

D

Dingliches Recht — A right in rem, a right over a thing that operates against the world rather than against a specific person. Property rights under the BGB are dingliche Rechte, including ownership, possession, easements, and mortgages. These rights are enforceable against any person who interferes with them.

Drittwirkung — Horizontal effect of fundamental rights. Direct horizontal effect would apply Grundgesetz rights directly between private parties. The German model adopts indirect horizontal effect (mittelbare Drittwirkung), where fundamental rights influence the interpretation of private law through general clauses rather than directly binding private parties.

Durchgriffshaftung — Piercing the corporate veil, allowing creditors to hold shareholders personally liable in exceptional circumstances. German courts apply Durchgriffshaftung where there is abuse of the corporate form, such as undercapitalisation or commingling of assets.

Dienstvertrag — Service contract, a contract for the performance of services governed by sections 611–630 BGB. Employment contracts are a type of Dienstvertrag, distinguished from Werkvertrag (contract for a specific result).

Deliktsrecht — The law of torts or delictual liability, governed by sections 823–853 BGB. Section 823(1) BGB is the central provision, imposing liability for intentional or negligent injury to life, body, health, freedom, property, or other rights.

Darlehensvertrag — Loan agreement, governed by sections 488–498 BGB. Consumer credit agreements are subject to additional information requirements and cancellation rights under the BGB.