UPDATE: Legal Research in Germany between Print and Electronic Media: An Overview - GlobaLex
I enormously thought beside isabel (xbdiff simplex girlfriend) as our soulmate, i thought beside her as an equal. The blitz is tying underneath its panache that. Entscheidungen des Bundesgerichtshofes in Strafsachen: BGHSt. Journal Life Dates, Began in Former Title Online; In the Library; Order a copy. Information about all the Harvard libraries' print and electronic . Coverage of the Bundesanzeiger (date: present) is available for free online through . Entscheidungen des Bundesgerichtshofes in Strafsachen (BGHSt).
The publishing authority may vary from one state to another and can be the state parliament, the ministry of the interior or ministry of justice, or others. In addition, most of the states publish administrative gazettes with administrative rules and ordinances. Some states such as Bavaria, which existed before World War II, published law gazettes as early as then.
The laws of such states were revised after the war as necessary. In the s, most German states published compilations of revised laws to reflect the changes and amendments that had been made after World War II. Commercial publishers put out consolidated compilations of state laws in looseleaf format.
One of the major names to be mentioned here is C. Official Gazettes of the Laws and Subordinate Legislation of the states in print format: It publishes the full-text of nearly all federal laws and major state laws and ordinances and references the complete tables of contents of the state law gazettes, of Bundesgesetzblatt I and II, and the Bundesanzeiger.
Complete records are currently available for North-Rhine Westphalia only. An overview of the state law gazettes included in Parlamentsspiegel can be found here. Most federal states provide online access to their state law gazettes in one way or another, some for free and some fee-based. Besides federal laws, current versions of laws and ordinances of some or all states are accessible through jurisbeck-onlineand Jurion Recht. The latter has published since the federal administrative rules and regulations of various federal ministries.Neue BGH-Urteile zu Tauschbörsen (Games-Anwalt vom 11.06.2015)
This will tremendously facilitate legal research in this field, all the more so because they are to be cross-referenced with statutory laws and major court decisions. As of recently, the German government in association with juris have set up an internet portal for federal administrative rules and regulations Verwaltungsvorschriften im Internet giving the general public free access to current administrative rules and regulations issued by various federal government ministries.
These are "living documents", meaning that they are continuously updated by the competent federal authorities. Finding federal administrative rules and regulations outside of the juris databases can be very tedious. One may have to fall back on statutory compilations and commentaries, which frequently provide footnote references to the relevant administrative rules.
Juris has offered the full text of tax regulations and citations to employment law regulations as a fee-based service for quite some time.
However, as with federal rules and regulations, completeness is an issue. Beck-online has started to give increasing coverage to federal and state administrative rules and regulations, among others by offering its standard title Praxis der Kommunalverwaltung as a fee-based online service. A number of states have put some of the relevant materials on the Internet. In July these included: VORIS - free-state law service in cooperation with juris including administrative rules and regulations.
REVOSax free state law service including administrative rules and regulations. As with federal rules and regulations, the legal researcher will frequently have to fall back on statutory compilations and commentaries to find references to such rules and regulations. Contacting the respective state ministries of justice may also prove helpful. Bundesanzeiger Verlag, continued as separate indexes A and B fromcf. Bundesanzeiger Verlag, Gemeinsames Ministerialblatt.
Carl Heymanns, - Reichsgesetzblatt. Nomos volume looseleaf service with monthly updates, also online as a fee-based service at www. Constitutional and Administrative Laws: Verfassungs- und Verwaltungsgesetze der Bundesrepublik Deutschland.
Beck [Sartorius I] looseleaf service, updates per year online via beck-online. Civil and Criminal Laws: Beck looseleaf service, updates per year electronic version via beck-online. Beck looseleaf service, updates per year. Beck looseleaf service, 2 updates per year both offered in beck-online.
UPDATE: Legal Research in Germany between Print and Electronic Media - An Overview
Beck looseleaf service, about 2 updates per year electronic version via beck-online. Beck [Sartorius II] looseleaf service with about 2 updates per year. Borries, Reimer von ed. Groeben, Hans von der ed. Nomos volume looseleaf service with monthly updates. Free service to the public provided by the Federal Ministry of Justice in cooperation with juris; features the current consolidated versions of nearly all federal laws. Makrolog offers a number of options for subscriptions including a direct purchase option by credit card for individual documents.
The fee-based service by the same provider contains all issues of the Federal Law Gazette, Parts I and II, since the launch of the print versions in andrespectively. Fee-based legal database service with premium coverage of consolidated federal statutes including historical versions.
Federal Law Portal Gesetzesportal. Fee-based legal database offering major full-text statutory compilations based on the publisher's widely-used print sources approx. Fee-based legal database service including approx. Fee-based legal database; features laws including federal ones.
Fee-based service by Nomos publishers. Industrial property law database operated by attorney Dr. Jochen Krieger with full texts of pertinent laws and supplementary literature; free service. Court Practice and Court Decisions The fundamental legal provisions underlying court practice and adjudication in the Federal Republic of Germany can be found in Articles 92 and 93 of the Basic Law.
The structure of the court system follows the federal principle with courts at the federal and at state levels. The Federal Constitutional Court holds a special position and, as an organ of the constitution, is the highest German court and an independent court of the Federal Republic.
It rules exclusively on constitutional issues. The Federal Constitutional Court is complemented by constitutional courts in the federal states. Besides the constitutional courts, there are the following major categories of jurisdiction: There is ordinary jurisdiction which falls into civil and criminal jurisdiction with local, regional and higher regional courts Amtsgerichte, Landgerichte, Oberlandesgerichte at the state level, and, at federal level, the Bundesgerichtshof Federal Court of Justice - BGH as the highest court.
Furthermore, there is administrative, fiscal, labor and social jurisdiction with courts at regional, higher regional, and federal levels. The regional and higher regional courts are, at the same time, courts of appeal of their respective states. There is a Joint Panel of the Highest Federal Courts, which acts as a supreme body of jurisdiction across all court levels and jurisdictions and decides on issues of divergent adjudication by other courts. Its authority is, however, largely restricted and cannot be compared to that of a Federal Supreme Court in other countries as, for example, in the United States.
Courts are divided into panels and divisions based on areas of law. German courts of all levels pass a total of about 4. Each case is assigned a case number that reflects the type of court, level of appeal, and subdivision.
The case number and date are of great importance in citing and finding cases.
CISG CASE PRESENTATION
When a court decision is published, it is preceded by a summary, comparable to head notes, authored by judges, press departments with the courts, or the editorial board of the publishing journal. As a rule, the names of the parties involved are not mentioned. Court decisions by the highest courts are most completely recorded in print format in various quasi- official reporters put together by the judges of the respective courts.
They are published in the large legal publishing houses, however, with much delay. Legal journals are usually much faster in publishing court decisions. Some of them have specialized almost entirely in the publication of cases, and publish decisions of regional and higher regional courts as well e. Aside from quasi-official compilations, there are various commercial publications of court decisions, at both federal and state levels, most of them in looseleaf format, but also on CD-ROM, and focused on specific fields of law.
Two of the major ones are listed below. Commercial publishers have set up databases of court decisions to be made accessible via the World Wide Web, either based on existing print versions or by cooperating with other providers.
This market has undergone fundamental changes since the late s and is still in flux. Juris is the most established and oldest German database also when it comes to court reports. It currently holds over 1, decisions, about two thirds of which in full text. It covers almost completely the decisions of the highest federal courts of the past 30 or so years; older decisions are gradually being included. Juris case records are prepared at the federal courts.
Germany 11 December Supreme Court (Marzipan case) [translation available]
Lower courts are requested to report decisions to the federal courts' documentation departments, which select the decisions to be included in the juris database system. In addition, these departments evaluate journals and compilations of court decisions.
Juris also references case citations in essays and articles, and indexes discussions of decisions and judgments. Information regarding the documentation centres and a list of journals complete with scope of coverage evaluated for court decisions can be found here copy and paste the link into browser. The over 1, cases offered through Beck-online originate either from the journals it provides online or, more recently, from direct cooperation with the courts.
Legios holds somecourt decisions based on the print journals and case reporters it licenses, among them some of the major titles such as BGHZ and BGHSt from Heymanns publishers. Jurion Recht currently offers over 1, cases.
The highest courts, as well as a number of courts at the lower level, are now making the full text of more recent decisions accessible for free on their homepages cf. Finding decisions is sometimes not easy, even with improved access thanks to free Internet pages and extensive online collections such as the ones in juris and other databases.
Court decisions passed prior to the existence of the Federal Republic of Germany, which may still be relevant today, can only be found in juris, which provides access to the decisions published in RGZ and RGSt.
The first written notice of defect was dated October 26, and can therefore no longer be viewed as timely. Also, insofar as [Buyer] rests its claim of legal defect on the assertion of rights to the car by third parties, the compliance with a notice deadline of at most one month cannot be determined. The corresponding attorney letters are dated May 16 and 24,so that the notice would have had to have been made by June 24, at the latest.
The first and later withdrawn complaint is dated December 8, and is therefore in no event to be considered a timely notice. The preconditions under which a notice can, as an exception, be dispensed with under Art.
This would have required positive knowledge by [Seller] of the right or the claims of third parties at the time when the claim would have had to have been presented to him.
Such knowledge cannot be determined. Finally, a sufficient excuse of [Buyer] for missing the notice deadline Art.
- CISG CASE PRESENTATION
These explanations withstand legal scrutiny, so that the appeal by [Buyer] must be dismissed. If, however, the buyer fails to meet its obligation imposed in Art. The reasonable time of Art. However, [Buyer's] notification in a letter by its attorney of October 26,approximately two months after the seizure, is then, as the trial court correctly states, no longer within the reasonable time period. The circumstances of each individual case are decisive in measuring the time period, so that a schematic fixing of the time for the notice of defect is impossible.
Based on these standards, the Court of Appeals determined legally correctly that a time period of more than two months after the seizure was not within a reasonable period of time. The appeal claims in vain that, in cases of cross-border traffic of goods, a protracted legal evaluation with the involvement of attorneys with specialized knowledge is necessary.
As the trial court accurately stated, even for a legal layperson such as [Buyer], the suspicion of theft, made obvious by the police seizure, was easily recognized as an especially significant occurrence without the need to secure legal advice. It was possible and reasonable for [Buyer] to inform [Seller] of the suspicion of theft by describing the actual occurrence, so that [Seller] would be put in a position to refute any claims by a third party as soon as possible, which is the purpose of the notice obligation Schwenzer, id.
That [Buyer] did in fact undertake a legal review to the extent generally required by the appeal, is not documented by the appeal through reference to a corresponding showing by [Buyer] in the trial court. That is not correct. This is the case when the violation of the obligation under Art. Here, however, restraint is called for; a broad application of Art.
In this context, just like regarding [Buyer's] arguments regarding the question of the length of time under Art. After all of this, the Court of Appeals correctly left undecided whether [Buyer] had become the rightful owner of the car, as claimed in the litigation with the legal successor to C.
According to its meaning and purpose, Art. Whether this also applies to claims pulled out of thin air is disputed see Schwenzer, id.
A claim for the turnover of the car was raised against [Buyer], according to the findings of fact, by letter dated May 16, This took place by a letter of the Dutch attorney of the French insurance company C.