The formation of legal unification in Germany in the 19th century

With particular regard to the influence of the Thibaut-Savigny-Controversy

Seminar Paper , 2013 , 24 Pages , Grade: 1,0

Law - Philosophy, History and Sociology of Law

Thibaut and Savigny - this line up has been adopted in the historical books as one oft he most re- marquable and pathbreaking academical disputes in the history of Germany’s jurisprudence. These two highly respected and famous jurists fought about the necessity of a general civil law for the German Empire. Thibaut published his ideas on this matter of dispute in his pamphlet „On the necessity of a General Civil Law in Germany“ in 1814 on which Savigny responded in the very same year putting his outstanding argumentation against the need of a general civil law in his pamphlet „On the Vocation of our Age for Legislation and Jurisprudence". Such being the case will make it also necessary to review the proceedings in the deepness of the 19th century to be aware of the importance of the controversy for the legal development in Germany. Regarding the fact that a general civil code in Germany wasn’t published until 1900 Savigny might be seen as the winner of the dispute since he achieved to delay the unification for more than 80 years alt- hough the number of supporters on Thibaut’s opinion was noticeably larger. A more particular investigation on this shall follow later.
The controversy was also the initial point for theories and doctrines that manifestly influenced the jurisprudence in the 19th century and in this way also the legislation of the private law codificati- on in Germany. On this occasion the following term paper will also enlighten the complex ideas of both sides under consideration of the relevant indicents in jurisprudence, history and the political situation of Germany in the 19th century. The author will then give a comprehensive overview
of the progresses in the subsequent time of the controversy and resume the given information in a
final judgement on the final realization of the German Civil Code.

I. Introduction 1

II. An historical overview on law, jurisdiction and jurisprudence in
„Germany“ in the 19th century
- The historical situation and the fragmentation of law

III. The Thibaut-Savigny Controversy, 1814
1. The disputing parties
a) Anthon Justus Friedrich Thibaut
b) Friedrich Carl von Savigny
2. The different approaches on the controversy
a) „On the necessity of a General Civil Law in Germany“
- Thibaut’s demand
b) „On the Vocation of our Age for Legislation and Jurisprudence"
- Savignys scathing criticism
c) Savigny and the historical school of law
3. Critics on Savigny’s historical school of law
4. The practical and economic need for general civil law code

IV. „Das Bürgerliche Gesetzbuch“ - the final realization of the legal unification
1. Savigny’s pandectistic and its influence in the subsequent time
2. The first draft and the first commission
3. The work of the second commission
4. The third draft and the proclamation

V. The essence of the „BGB“ and a brief judgement

• Course: Legal History
• Grade: 1,0
• Author: Gökhan Kosak (Author)
• Publication Year: 2013
• Pages: 24
• Catalog Number: V269990
• ISBN (eBook): 9783656612865
• ISBN (Book): 9783656612841
• Language: English
• Tags: Thibaut, Savigny, legal unification, Rechtsgeschichte, legal history, BGB, Geschichte des BGB, Entstehungsgeschichte des BGB, Windscheid, Kommission, Thibaut-Savigny-controversy, Savigny-Thibaut Rechtsstreit, Historische Rechtsschule Savigny, Schaffung des BGB