Comparative Law Class 9

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Comparative Law Class 9

• German, Swiss, Austrian Civil Codes

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Swiss Cantons
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Swiss Politics

• Closest in the world to a direct democracy

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Conflicts

• A legal system is bound to suffer when
  preliminary questions regarding the area of
  validity of laws and rules regarding their
  application bulk much larger than substantive
  law. Egger (CB p. 169)

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Swiss Civil Code

• Schweizerisches Zivilgesetzbuch (adopted 1907
  came into effect 1912)
• Eugen Huber

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Compare German and Swiss Civil Codes

• Language
• Style
• Structure
• Completeness of Rules

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Gaps

• ZGB art. 1 par. 2 and 3
• If no relevant provision can be found in a
  statute, the judge must decide in accordance with
  the customary law and, in its absence, in
  accordance with the rule which he would, were he
  the legislator, adopt. In doing so he must pay
  attention to accepted doctrine and tradition.

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Influence/Reception of Swiss ZGB
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Influence/Reception of Swiss ZGB

• Turkey Swiss Code brought into force almost
  word for word as Turkish Civil Code in 1926 after
  Ataturk created Republic of Turkey.
• Why did this happen?
• What difficulties resulted?

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Austria

• Federal Republic

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Austrian politics

• President Heinz Fischer (Social Democratic Party
  SPÖ)

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Austrian Civil Code

• Austrian General Civil Code Allgemeines
  bürgerliches Gesetzbuch (ABGB) of 1811

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Empress Maria Theresa

• Codex Theresianus 176
• Josephian Code 1787

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Underlying Principles

• On what underlying principles is this code based?
• Did social conditions in Austria in the
  nineteenth century comport with these principles?

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Compare ABGB with BGB and French Civil Code

• Structure
• Length
• Completeness
• Effect Abroad