The Conflict of Laws of Germany

Abstract

In Germany the rules of the conflict of laws «have generally been regarded as a part of the municipal law. It was natural, therefore, that with the unification of the German law through the Civil Code, in effect since January 1, 1900, the rules relating to the conflict of laws prevailing in the different states and territories constituting the German Empire should have been codified. Dr. Gebhard, the author of the General Part of the first draft of the German Civil Code, submitted to the First Commission general rules relating to the conflict of laws. The Second Commission decided to incorporate them into the code as the Sixth Book. The Federal Council eliminated some of the rules submitted, completely revamped the rest, so as to limit their operation to German subjects or to German territory, and transferred them to the Introductory Law of the German Civil Code,. where they now appear as Articles 7 to 31.