Conflict of Laws under the German Civil Code

Abstract

The rules governing the Conflict of Laws in Germany, as far as they are established by legislative enactment, are contained in Art. 7-31 of the Law of Introduction to the Civil Code, which went into effect January I, 1900. On a number of points, modifications have been introduced by treaties, the most important of which are the Conventions of the Hague, of June 12, 1902, dealing with marriage, divorce and judicial separation and guardianship of minors. In two respects Art. 7-31 present peculiarities: (I) They do not cover the whole field of the Conflict of Laws, but only isolated topics; (2) the subjects covered have received but a partial treatment. The aim seems to have been primarily to determine the extent of the application of German law and the status of Germans and to deal with foreign law and foreigners only so far as practical considerations suggested. One rule of a general nature, which constitutes a radical departure from the preceding law, may, however, be noted. Following Italy and other continental countries, the Code has substituted nationality for domicile in the determination of the civil status of persons-in the matter of capacity (Art. 7), family law (Art. 13-15, 17-22) and succession (Art. 24-25) . The following will present the substance of the principal articles, with some comment and with an indication of the leading decisions rendered since the publication of the Code.