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Germany

Civil law

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Germany is a civil-law country with a very systematic, conceptual style. Its Civil Code (the BGB), in force since 1900, influenced Japan, Greece and many other countries. Germany is a federation, with sixteen states, and a strong constitutional court.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Basic Law (Grundgesetz) of 1949, the constitution
  • Federal and state statutes and codes, led by the Civil Code (BGB), the Criminal Code and the Commercial Code
  • European Union law, which takes priority in its area
  • Court decisions and academic commentary, which are highly influential even though they are not formally binding precedent

The main courts

  • Five branches of courts, each with its own top federal court: ordinary (civil and criminal), labour, administrative, social and tax
  • The Federal Court of Justice (Bundesgerichtshof) is the top court for civil and criminal cases
  • The Federal Constitutional Court (Bundesverfassungsgericht) in Karlsruhe, which can review laws and hear citizens' constitutional complaints

Becoming a lawyer

A law degree that ends with a first state examination, then about two years of supervised practical training, then a second state examination. A person who passes both is a fully qualified lawyer (a Volljurist) who can become a judge or be admitted as a lawyer.

What may surprise you

  • The study of law is organised around the state examinations, not the university degree.
  • Legal reasoning is highly systematic, working from general concepts down to the case.
  • Citizens can bring a constitutional complaint to the Federal Constitutional Court after exhausting other remedies.
  • Judges usually work in panels, and written judgments are often very long and structured.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Germany as: Civil law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Germany, consult a lawyer qualified there. Report a mistake.